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Tuesday, April 17, 2007

In Majchrzak v. J et. al, Susan Preston and Danielle Dinsmore of Goodell, DeVries Leech & Dann obtained a defense verdict after a jury trial in the Circuit Court for Anne Arundel County. The personal representative of a 31 year old woman, her husband and five young children sued alleging that the defendant surgeon abandoned her after performing emergency surgery to reconstruct the common bile duct which had been transected by the patient's private surgeon during a laprascopic cholecystectomy. The defendant surgeon had responded to a call to assist the private surgeon in the repair of the common bile duct and traveled to a distant hospital to perform the surgery on a grant of emergency privileges. After an offer to take over the post operative care of the patient by having the patient transferred to the defendant's hospital was declined by the private surgeon, the post operative care was delivered by the private surgeon. The defendant surgeon was called once during the post operative course about the significance of some of the diagnostic testing, offering again to accept the patient in transfer to the defendant's hospital which was declined. The private surgeon failed to recognize and treat a leaking anastomosis during the post operative course and the patient died of overwhelming sepsis. The jury concluded that the standard of care was not breached after only one hour of deliberation.

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