December, 2018

Ben Weigel and Clay Edwards successfully defended a Board-certified internal medicine specialist and the local community hospital against allegations of medical malpractice during a recent trial in Floyd County Circuit Court in New Albany, Indiana. Plaintiff alleged that he should have been provided additional treatment options following a diagnosis of deep vein thrombosis. Plaintiff’s allegations were supported by a unanimous medical review panel opinion against the defendant physician and by a vascular surgeon who served on the medical review panel. Plaintiff’s treating physicians served as damages experts.

Weigel and Edwards countered that the treatment provided by the defendant, medical anticoagulation, was appropriate and that the additional options suggested by the plaintiff were inappropriate for this particular patient. The defense also presented evidence that the proposed interventions did not necessarily yield a better result in light of significant risks associated with the treatment. Defense experts included a Board- certified vascular surgeon from Vanderbilt University and the chair emeritus of the Department of Hospital Medicine at the University of Cincinnati. The jury returned a unanimous verdict in favor of both defendants.