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


Defendant Surgeon


Defense Verdict


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.