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Medical Malpractice Defendants’ Verdict for Deborah Aviles

Lewis Johs Partner Deborah Aviles recently obtained a defendant’s verdict on behalf of her clients, a hospital and an OB/Gyn resident.  The matter, tried in the Supreme Court, Nassau County before the Honorable Arthur M. Diamond, involved a claimed failure to timely diagnose and request a surgical consult for a perforated sigmoid colon following a laparoscopic surgery.  The plaintiff returned to the emergency room two days after the codefendant OB/Gyn performed the surgery, complaining of diffuse abdominal pain, with some rebounding and guarding. Plaintiff alleged that a surgical consult should have been ordered immediately but was delayed for 14 hours, resulting in the need for an emergent laparotomy. Plaintiff further claimed that as a result of the delay, she had a colostomy which was reversed six months later, and was admitted in the hospital for 28 days, 8 of which were on a ventilator in the ICU. After 3 weeks of trial, the jury returned a defense verdict on behalf of all defendants.

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