February 3, 2010
Clay Edwards and Brittany Asher successfully defended a Lexington, Kentucky surgeon against allegations of medical malpractice. Plaintiff alleged that the physician failed to diagnose the patient with pneumonia upon presentation, resulting in her death two days later. Edwards and Asher defended by establishing that the patient did not demonstrate the classic signs and symptoms of pneumonia upon presentation; rather, she appeared to be suffering from profound dehydration and malnutrition. Once a chest x-ray was indicative of pneumonia, the physician timely prescribed appropriate antibiotics and acted reasonably in obtaining a pulmonary consult. Unfortunately, despite continuous and appropriate medical care, the patient succumbed to a very virulent form of streptococcal pneumoniae characterized by high mortality rates. The jury deliberated for less than a half hour before returning a verdict for the defense.