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

05/16/2022
Client:

Internal Medicine Physician

Outcome:

Verdict for Defense

Synopsis:

DBMS Obtains Not Guilty Verdict in Alleged Failure to Diagnose Deep Vein Thrombosis Case.

Michael Borree and Monica Smit of DBMS successfully defended an internal medicine physician at trial in Cook County against allegations of a failure to recognize signs and symptoms of deep vein thrombosis, (“DVT”). Plaintiff claimed that the defendant internal medicine physician and co-defendant general surgeon failed to recognize signs and symptoms of DVT during an October 20, 2014 visit. During the visit, the decedent was scheduled for a laparoscopic lymph node biopsy for suspected cancer.  He complained during the visit of pain and swelling, temperature changes and color changes in his lower extremities.  The internal medicine physician represented by DBMS determined that the symptoms were consistent with an infection, as opposed to DVT, prescribing an antibiotic. The defendant general surgeon performed the biopsy 8 days later with no complications. Two days after discharge following the biopsy, the decedent was found dead. An autopsy confirmed the decedent died of a pulmonary embolism.

Plaintiff’s expert claimed that DBMS’ client was required to order an ultrasound of the decedent’s lower extremities during the visit of October 20, 2014.  Plaintiff also claimed the internal medicine physician deviated from standard of care in failing to carry out a surgical clearance for the biopsy.  DBMS’ attorneys presented expert testimony that the patient’s improvement in symptoms between the subject visit and the biopsy proved that the diagnosis of a skin infection was reasonable. Expert witnesses testified that the pulmonary embolism that ultimately killed the decedent was caused by an acute clot which formed after the defendant internal medicine physician’s evaluation of the decedent, and also, after discharge following the biopsy.

After plaintiff requested $8 million in damages, the jury returned a verdict for the defense.