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

Huth v. Defendant Physicians

10/03/2003
Client:

Defendant Physician

Outcome:

Dismissed with Prejudice

Synopsis:

The adult children of 83-year-old Edward Huth, a nursing home patient under the care of our client, alleged that colonoscopy was improperly performed as part of a work up for an episode of rectal bleeding, and that as a result the colon was perforated. The patient died six days after surgery to repair the perforation.

Plaintiffs alleged a lack of indications for the procedure, given the advanced age of the patient, and that there was a lack of informed consent from the children, who served as their father’s guardians.

On the third day of trial, the codefendant gastroenterologist who performed the colonoscopy settled the case, and our firm’s client was dismissed with prejudice and without making any settlement payment.