May 3, 2017

Gerald R. Toner, Andie B. Camden, and Caitlin E. Housley successfully defended a neurosurgeon in Jefferson Circuit Court. The case involved the neurosurgeon’s care and treatment of a plaintiff, also a physician, with an L5/S1 herniated disc which progressed to cauda equina syndrome. The plaintiff claimed the surgeon failed to act in a timely manner to ensure she was operated on emergently. Additionally, the plaintiff criticized the surgeon’s use of a microdiscectomy procedure. With the use of qualified expert testimony, Toner and Camden countered that the neurosurgeon’s treatment of the plaintiff met the standard of care, establishing that the neurosurgeon operated on the plaintiff within just hours of the cauda equina syndrome diagnosis. Furthermore, they established that in light of the plaintiff’s prior L4/L5 disc surgery and given the fact that plaintiff’s disc herniation was not central, but rather on the right side, the use of a minimally invasive microdiscectomy was appropriate. Following a seven day trial, the jury entered its verdict in favor of the neurosurgeon.

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