April 2014

In April 2014, Noel Halpin obtained summary judgement for a pathologist in Jefferson County, Kentucky.  Plaintiff alleged that a general surgeon was negligent in the performance of an appendectomy, leaving behind a small portion, (a stump), of the appendix.  The pathologist reviewed the diseased appendix and confirmed that it was an acute appendicitis and that there were no malignant cells.  There ended his involvement.  A year after the procedure, the Plaintiff needed a second appendectomy when the stump became infected.  The Plaintiff alleged that the pathologist, after microscopic review of the diseased appendix, should have known that the surgeon did not remove the entire appendix, and should have alerted the surgeon to this fact.  The Plaintiff failed to develop any proof to support these allegations and failed to present any experts who were critical of the pathologist.  The pathologist’s motion for summary judgment was granted, and the case was dismissed.

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