Morrison Mahoney partner, Brent Tingle obtained a defense verdict in a medical malpractice case after a seven full days of trial in the Lowell Superior Court. Judge Josh Wall was the trial judge. Partner Lori Vaulding, Amy Litchfield-Kennedy (legal assistant) and Andrew Mezoff (paralegal) all did an excellent job preparing the case for trial. The minor plaintiff alleged that there was a two day delay in diagnosis of her acute appendicitis which led to rupture of the appendix, infection in the abdomen and the need for emergency surgery. The plaintiff’s experts claimed that this placed the patient at increased risk of future complications, including bowel obstruction and fertility issues.
The plaintiff sued our client, an emergency medicine physician from a community hospital, as well as two pediatric hospitalists and a consulting surgeon. A total of six experts testified at trial. The trial was complicated by the fact that our client’s insurer was insolvent and could only pay for a portion of defense costs and any judgment entered against our client.
The jury deliberated for two and a half hours before returning a verdict for all four defendants.
