April 17, 2009
Tracy Prewitt was successful in defending a family practice physician in Hardin County Circuit Court. Plaintiff alleged the physician was negligent in failing to timely diagnose appendicitis, leading to perforation.
Prewitt defended the case by submitting evidence that the plaintiff did not present with the classic signs of appendicitis. Nevertheless, the physician provided appropriate follow-up treatment and testing which led to the diagnosis and treatment of appendicitis. This defense was effectively supported by expert testimony of a North Carolina family physician, who opined plaintiff’s presenting symptoms were not indicative of appendicitis, and the physician provided appropriate treatment and diagnostic testing. After four days of trial, the Hardin Circuit jury deliberated for an hour and returned a unanimous defense verdict.