November 14, 2005

In this trial, a surgeon extracted a gall bladder, but inadvertently and unknowingly clipped the patient’s hepatic duct in the process.  When the patient suffered complications afterwards, the problem was discovered and a second surgery fixed the problem.  Plaintiff argued that this pointed to a violation of the surgeon standard of care.  The defense, led by Gerald Toner, convinced the Shelby County jury that such a slight slip can and does happen to the best of hands, the jury awarding the Plaintiff nothing.