September 21, 2009

Gerald Toner successfully defended an Oldham County general surgeon accused of failing to timely diagnose and adequately treat a suspected post-colonoscopy micro-perforation.  Plaintiff claimed despite appropriate examination and radiological testing by both the general surgeon and an emergency room physician following plaintiff’s complaint of abdominal pain and distension, the standard of care required additional testing which would have revealed the alleged micro-perforation and associated peritonitis.

Toner countered through expert testimony that the post-colonoscopy treatment and testing by the general surgeon met or exceeded the standard of care, and the approximately one-day delay in diagnosis of colon perforation (which was not found during exploratory laparotomy) had no effect on plaintiff’s subsequent treatment or prognosis.  The jury agreed and rendered a verdict for the defense

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