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 Obtains Not Guilty Verdict in Cook County

July 3, 2024
Client:

Physician

Outcome:

Defense Verdict

Synopsis:

On July 3, 2024, DBMS partner Rob Smyth and associate Scott Kater received a ‘Not Guilty’ verdict in a medical malpractice case in Cook County.  DBMS’ attorneys represented a general surgeon. The patient, a 50-year-old male, had chronic painful and bleeding hemorrhoids.  The surgeon first attempted conservative treatment that failed.  The surgeon performed a hemorrhoidectomy to remove the painful external hemorrhoids and destroy the bleeding internal hemorrhoids using electrocautery.  Post-operatively, the patient developed a spontaneous anal fissure, which was plagued by problems with non-healing.  The patient saw numerous subsequent providers and ultimately underwent anal reconstructive surgery.  At trial, DBMS attorneys presented expert testimony demonstrating that the defendant surgeon performed the hemorrhoidectomy appropriately and did not cause the subsequent fissure.  After plaintiffs’ attorney requested an award of $61 million, the jury returned a verdict in favor of DBMS’ client and the co-defendant hospital.