June 11, 2015
Tracy Prewitt and Holly Barger successfully defended an ENT surgeon during a jury trial in Washington County Superior Court in Salem, Indiana against allegations of medical malpractice. Plaintiff alleged that the Defendant did not meet the standard of care as it related to the decision to perform an esophagoscopy. Plaintiff also was critical that there was no signed consent form for the esophagoscopy and she was unaware that a perforation was a risk of the procedure. Prewitt and Barger countered by establishing that the procedure was warranted based on the Plaintiff’s ongoing history of complaints and that the Defendant adequately described the risks of the procedure to her. Additionally, Plaintiff admitted to knowing that a “tear” in the esophagus was one of the risks of the procedure. Upon considering the matter, the jury agreed that the Defendant acted appropriately and entered a defense verdict finding no fault against him.