October, 2016

Tracy Prewitt successfully defended an Evansville, Indiana plastic surgeon against allegations of medical malpractice in a recent jury trial in Vanderburgh Superior Court. Plaintiff alleged primarily that the defendant physician failed to adequately inform the patient of the risks presented to her by proceeding with a bilateral breast reduction surgery and also that he failed to recognize and address signs of post-operative ischemia, which could have potentially lessened the subsequent tissue loss. The defense argued that the informed consent process and post-operative care were appropriate and that the surgical intervention in the post-operative period advocated by plaintiff’s expert was neither standard of care, nor would it have changed the patient’s outcome. These defenses were supported by two board-certified physicians, a plastic surgeon from Cincinnati, Ohio and a vascular surgeon from the University of Illinois at Chicago. The court entered judgment on the evidence as to the plaintiff’s claim of inadequate informed consent. The jury considered the remaining claims of negligence and returned a verdict in favor of the defendant surgeon.