Insights
Temple University Hospital Awarded Unanimous Jury Verdict in Malpractice Case
On March 28, 2014, a unanimous jury took less than an hour to find in favor of Post & Schell client Temple University Hospital, and one of its physicians. The case involved claims of medical malpractice related to an alleged delay in surgery and an incorrect diagnosis.
In 2010, the plaintiff suffered a perforation during a colonoscopy procedure performed one day prior to his admission to Temple University Hospital. Once admitted to Temple, the plaintiff was immediately diagnosed with a microperforation and a course of conservative treatment was set in place in order to save the plaintiff from needing a colostomy, however it was immediately noted on admission that a colostomy would be necessary if surgery were required.
Two days after admission, the plaintiff’s condition changed and he was immediately taken to the operating room. A colostomy was performed and the plaintiff required many additional surgeries. The plaintiff subsequently filed suit alleging that the two day delay in performing the surgery resulted in the need for additional surgeries, which were all known risks of the colostomy procedure. The plaintiff also alleged that there was an incorrect diagnosis of microperforation, and plaintiff’s experts argued that the perforation was large in size. The defense contended that the diagnosis of a microperforation was correct and proven on pathology.
The case was tried before the Honorable Frederica Massiah-Jackson and the jury deliberated for less than an hour before returning the unanimous verdict.
The doctor and hospital were represented by Post & Schell Professional Liability Defense Principal Mary Ellen Reilly and Associate Mary Beth Morris.