August 26, 2011

Tracy Prewitt successfully defended an Owensboro based obstetrician in this medical malpractice action in Federal District Court. Plaintiffs claimed that the physician negligently failed to diagnose congenital heart defects which ultimately proved fatal twenty-seven days after birth. Plaintiffs alleged that had the physician referred the patient to a specialist, the fetal defects could have been diagnosed. Plaintiffs sought approximately $10 million for the loss of their child. Prewitt defended by submitting medical proof that reassuring images of the fetal heart had been obtained by ultrasound prior to delivery and that the physician appropriately relied upon the ultrasound images and report. Further medical proof was submitted which indicated that even if advanced testing had been performed by a specialist, the congenital defects would not have been diagnosed in utero. Defense experts included a fetal cardiologist from Tampa, Florida and an obstetrician from Louisville, Kentucky. The jury agreed with the Defendant and unanimously found in her favor.