Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Medical Malpractice

DBMS Successfully Defends Chicago Area Hospital


Stetson Atwood and Scott Kater successfully defended a Chicago area hospital in a medical malpractice lawsuit involving allegations against the hospital and a neurosurgeon related to the performance of a cervical laminectomy and fusion procedure.  The plaintiffs alleged that the neurosurgeon was negligent in the pre-surgical workup, performance of the surgery, and post-operative care by failing to timely order imaging and recommend a revision procedure.  The plaintiffs also alleged that the neurosurgeon was the hospital’s apparent agent.  The hospital and defendant surgeon denied that the surgeon was negligent and denied that the surgeon caused the plaintiffs’ alleged injuries.  The hospital denied that it was responsible for the surgeon’s actions.

After a two-week trial, the plaintiffs asked for $13,175,000.  The jury deliberated for over ten hours before returning a verdict in favor of the hospital and finding that the defendant surgeon was not the hospital’s apparent agent.