July 8, 2004


Mark Hammond
was successful in defending a Clark County, IN gynecologist accused of ignoring Plaintiff’s allergy to surgical, adhesive tape during the course of performing an oophorectomy. Plaintiff claimed the defendant physician ignored her specific oral reminder of the allergy. Plaintiff also claimed that the physician failed to recognize the documented allergy in the initial intake form, completed by hospital personnel at the time of her surgical procedure, and on the wristband she wore during the procedure. Plaintiff suffered a severe allergic reaction to the surgical tape after the procedure was performed. Hammond defended by submitting the history taken by the physician, wherein no reference to the allergy at issue was mentioned by Plaintiff. Additionally, Plaintiff’s arms were covered through the surgical procedure preventing the physician from viewing the wristband in question.  The physician steadfastly denied being advised of any allergy by the Plaintiff prior to the procedure.  Finally, medical records revealed that no adhesive tape was utilized by nursing personnel at Clark Memorial Hospital.  The physician’s standard dressing was not applied.  Thus, hospital personnel did recognize the allergy and paper tape was utilized per Plaintiff’s instruction. The jury returned a unanimous verdict for the defense.

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