January 31, 2017
Tracy Prewitt and Holly Barger successfully defended a gastroenterologist during a jury trial in Floyd County Superior Court in New Albany, Indiana, against allegations of medical malpractice.
Plaintiff claimed that the Defendant failed to comply with the appropriate standards of care with respect to diagnosing and treating a bowel obstruction. Specifically, plaintiff alleged the Defendant should not have ordered a colonoscopy and bowel preparatory measures because she vomited and aspirated. The Defendant asserted that the patient needed a colonoscopy to assess the origin of her abdominal complaints and contended it was entirely reasonable to order bowel preparatory measures to obtain the colonoscopy. The Defendant contended that vomiting is a known risk of the procedure and was not caused by any negligence on his part.
Upon considering the matter, the jury agreed that the Defendant acted appropriately and entered a defense verdict finding no fault against him.