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

Smarz v. Vascular Surgeon


Defendant Physician


Defense Verdict


In late August 1999, plaintiff presented to the defendant’s office for treatment of varicose veins in her left leg. Plaintiff had previous treatment on her both her left and right leg, which was successful.

On this date, the defendant sclerosed a vein in plaintiff’s left leg. Shortly thereafter, she developed a chemical burn that purportedly caused further complications, including ulcers and sural nerve damage.

Plaintiff alleged that the firm’s client, a phlebologist, was negligent in performing sclerotherapy treatment that was not indicated. Plaintiff also alleged that the defendant failed to properly treat the leg burns and infection that occurred shortly after the treatment.

Plaintiff further argued that she did not consent to the complication and that the defendant failed to properly treat her injury once the complication was recognized. The plaintiff asked the jury to award $715,000.

The defense successfully argued that the chemical burn was a recognized complication of the procedure and that the subsequent treatment was appropriate.

The jury returned a defense verdict in a little over an hour.