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

Appellate Medical Malpractice

Bartik v. Defendant Physician

04/01/2000
Client:

Defendant Physician

Outcome:

Jury Verdict for Plaintiff Reversed on Appeal

Synopsis:

The decedent, suffering from a herniated disc, was admitted to the hospital for surgery. During induction of anesthesia, the patient suffered cardiac arrest and died.

Defense contended that decedent’s heart disease was unknown and that the initiation of anesthesia complied with the standard of care.

The jury’s $1.15 million verdict for the plaintiff was reversed on appeal and judgment was entered in favor of the defense as a matter of law based on plaintiff’s failure to establish causation through her expert at trial.