December 1, 2008

Donald Brown and Michael Dailey successfully defended a colon and rectal specialist in Louisville against allegations of malpractice during the performance of a lengthy operation to address a complete bowel obstruction.  The surgery, lasting in excess of 11 hours, accomplished its purpose.  However, at the conclusion of the surgery the Plaintiff was noted to have no pulses in his lower leg.  The leg would later be amputated below the knee.  Plaintiff maintained the Defendant allowed the patient to remain in certain position unnecessarily for too long.  The defense challenged that notion establishing that the colon and rectal procedure was indicated to save the Plaintiff’s life and that surgery was performed successfully and skillfully by the surgeon.  The vascular compromise in Plaintiff’s lower leg was proven to be due to Plaintiff’s underlying vascular disease, not improper surgical position.  The surgeon received a unanimous defense verdict at the conclusion of the proof.