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 Defense Verdict in Cook County

September 4, 2024
Client:

Physician

Outcome:

Defense Verdict

Synopsis:

A Cook County jury returned a defense verdict in favor of a gastroenterologist and her professional corporation represented by Kent Mathewson and Mike Lustig.  The patient was diagnosed with stage IV colon cancer with metastasis to the liver one year after a colonoscopy was performed by the defendant.  The cancer further metastasized to her brain and she died just before her 65th birthday less than four years later.  The suit brought by her surviving husband alleged the gastroenterologist was negligent in failing to detect a large lesion during the initial colonoscopy.  The defense argued that she met all indicia of a quality procedure and the colonoscopy was careful and thorough in meeting the standard of care, and that there is a recognized incidence of false negatives with colonoscopy.  The plaintiff requested in excess of $12.8 million in damages.