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

Kotvan v. Defendant Physician


Defendant Physician


Defense Verdict; Defense Verdict Affirmed on Appeal


DBMS represented the defendant physician in a case in which the plaintiff underwent surgery for cataract extraction and the implantation of an intraocular lens. Post-operatively plaintiff contracted infectious endophthalmitis and ultimately lost all vision in the eye.

Trial testimony from her treating physicians was that the removal of the eye would be required in the near future.

Defendant contended that post-operative endophthalmitis was a rare but acknowledged complication of cataract surgery, and that all appropriate techniques were followed inter-operatively and post-operatively.

Plaintiff sought over $800,000. The jury returned a defense verdict.

DBMS also represented the defendant when the plaintiff appealed the jury verdict in favor of the physician in a medical negligence action.

The appellate court held that the verdict was not against the manifest weight of the evidence, and that the trial court did not abuse its discretion in a number of rulings concerning experts, evidence and voir dire.