October 22, 2008
Donald Brown and Michael Daileysuccessfully defended a Lexington OB/GYN against allegations that he negligently performed a laparoscopic surgery. During the procedure, Plaintiff claimed to have suffered a transected ureter resulting in significant infection, subsequent surgery and fertility compromise. The defense countered that the surgery itself was medically indicated and was conducted in accordance with accepted practices. An injury to the ureter, if it occurred during this surgery rather than in a later surgery, can occur in the absence of negligence and despite all efforts to prevent such an injury. A Fayette County jury unanimously agreed and returned a verdict in favor the physician.