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

Professional Liability

Cuthbertson v. Defendant Surgeon

08/01/1997
Client:

Defendant Surgeon

Outcome:

Defense Verdict

Synopsis:

Malpractice action against thoracic surgeon for failure to diagnose metastatic lung cancer.

Plaintiffs alleged that the surgeon failed to perform adequate testing and failed to identify existing lung cancer during a thoracotomy procedure on the decedent, a 51-year-old father of two minor children. Lung cancer was later diagnosed, leading to more than a year of surgery and therapy before decedent’s death.

During decedent’s treatment phase, his teenage daughter was injured in a gymnastics accident, rendering her a quadriplegic.

Plaintiff sought over $5.5 million. The jury returned a defense verdict.