April 28, 2009
Donald Brown and Mark Hammond were successful in defending an Owensboro anesthesiologist in this medical malpractice trial in Daviess County, KY. Plaintiff maintained the anesthesiologist negligently allowed Plaintiff to suffer a a hypoxic brain injury as a result of improper ventilation during a hysteroscopy and dilation and curettage procedure. Plaintiff sought approximately $15 million in damages. Brown and Hammond defended by submitting that the anesthesiologist acted appropriately by leaving the operating room after intubation, as anesthesia was delivered by a nurse anesthetist. The anesthesiologist need only be readily available in the event of emergency, as his physical presence was not required so that he could stay current on other surgical procedures being performed in the hospital. The anesthesiologist’s actions were in accordance with all standards established by the Anesthesia Patient Safety Foundation, the American Society of Anesthesiologists, and the hospital wherein the procedure was performed. Furthermore, Plaintiff’s injury resulted from a venous air embolism that could not be prevented. Medical proof was submitted from an anesthesiologist who is the President of the Anesthesia Patient Safety Foundation and from an OBGYN affiliated with the David Geffen School of Medicine at the University of California, Los Angeles (UCLA). The jury agreed with the defense and returned with a verdict finding no fault with the anesthesiologist.