William H. Chamblee and Kimberly Bocell Secure Defense Verdict on Behalf of General Surgeon in Dallas County
March 21, 2017
William H. Chamblee and Kimberly Bocell secured a unanimous defense verdict in Dallas County on behalf of their general surgery client. The Plaintiff alleged that the Defendant-Surgeon negligently injured her iliac artery during a laparoscopic gall bladder surgery, and that he then negligently delayed in recognizing and repairing the injury. Plaintiff further claimed that as a result of Defendant’s alleged negligence, she experienced dangerously low blood pressures which decreased blood flow to her brain, causing permanent cognitive and neurological deficits. Defendant and his experts testified that Defendant’s care of Plaintiff was at all times appropriate and within the standard of care, and that a vessel injury is a known risk of the procedure performed, despite the best possible surgical care. They further explained that when he suspected a potential vessel injury, Defendant appropriately converted to an open procedure, explored the potential site of injury, and called in a vascular surgeon to assist in evaluating the situation. Defendant and his experts further explained that when no source of injury and no active bleeding was found, the decision was appropriately made to remove the gall bladder, close the patient, and then monitor the patient closely in the ICU. Once in the ICU, the patient underwent a CT scan and the source of the bleed was found. The patient was appropriately taken back to the OR that night for a successful, uneventful repair. Thereafter, the patient fully recovered. Finally, Defendant and his experts testified that there was no reliable evidence that Plaintiff actually suffered any type of neurological deficit, and that the circumstances of the surgery, injury, and repair were such that no such injury occurred. The jury agreed with the Defense and found unanimously that the Defendant-Surgeon was not negligent in his care and treatment of the patient.