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Estate of Dorothy Johnston, Dec. v Client

Area of Law:
Medical Malpractice Defense

St. Clair County Circuit Court

No Cause of Action

Plaintiff alleges that had client diagnosed a surgical abdomen earlier, Plaintiff’s decedent would not have died following surgery which discovered a cancerous tumor invading the bowel. Patient presented in ER with abdominal pain and was under client’s care for two days. It was argued that client’s actions on day one of patient hospital stay were not negligent and when patient began showing clinical signs of surgical abdomen on day two, client acted appropriately. Had client diagnosed and ordered surgery for a surgical abdomen one day earlier, the probability of the outcome being different was low. Plaintiff’s decedent’s death was more the result of her age and health condition and not a result of client’s actions. A jury reached a verdict of No Cause of Action after just 11 minutes of deliberating.

Ronald Chapman
Randall Juip

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