November 18, 2004
Gerald Toner successfully defended a Louisville ER physician from charges of medical negligence. In this case, the physician’s failure to diagnose a flesh-eating infection in a patient’s buttocks allegedly allowed the disease to spread, leaving the Plaintiff with a permanent and gait-changing deformity. The defense successfully argued for the competency of the physician’s standard of care, pointing out that the doctor’s diagnosis was reasonable and that there was no adequate proof that the course of infection would have turned out different had the infection been correctly diagnosed in the ER. The Jefferson County jury’s verdict awarded the Plaintiff none of his over $4,000,000 claim.