Louisville-Hub Managing Partner, Brandon C Sword, Associate, Alexandria Dobrowolski and team of Paralegals, Jolene M. Upton and Candace Sewell successfully argued that the plaintiffs' claims of medical battery, lack of informed consent, and negligence per se were legally unfounded, resulting in a favorable ruling. The plaintiffs' attempt to expand the concept of medical battery in Kentucky and use confidential documents was uniquely addressed by focusing on legislative intent and strong legal precedents.

Overview of the Case

• This was a series of lawsuits filed against an orthopedic surgeon, his former practice, and three hospitals in Kentucky.
• Plaintiffs in each case argued the surgeon's actions during a singular surgery, and subsequent dealings with the Kentucky Board of Medical Licensure constituted a vitiation of their informed consent.
• Plaintiffs were former patients of the doctor's who brought cases stemming from surgical procedures performed over the span of several years.
• The plaintiffs in each case alleged the surgeon's breach of the standards of care resulted in medical battery, lack of informed consent, and negligence per se.

Key Difference-Makers

• Brandon C. Sword - Managing Partner
• Alexandria Dobrowolski - Associate
• Jolene M. Upton and Candace Sewell - Paralegals

Claims Made Against Our Client

• Medical Battery

  • Medical battery is a complete lack of consent. The plaintiffs attempted to expand the definition of medical battery despite each of the patients' clear consent to the procedures performed. Plaintiffs attempted to argue that the doctor's failure to disclose certain pieces of personal information vitiated their informed consent, thereby converting to surgical procedure into a battery.

• Informed Consent

  • The plaintiffs argued that the surgeon failed to disclose his alleged drug use, which they claimed impacted the surgery. However, the patient had signed a consent form prior to the procedure, which included the disclosure of all legally required risks. The surgeon’s alleged impairment was not considered an inherent risk of the procedure under the law.

• Negligence Per Se

  • The plaintiffs alleged that the surgeon’s drug addiction and incomplete licensure renewal constituted negligence per se. These claims were based on inadmissible and confidential evidence, and there was no proof that the surgeon was impaired during the surgery. The lack of a direct causal link between the surgeon’s alleged actions and the patient’s alleged injuries made it impossible for the plaintiffs to succeed.

Defensive Strategy

• The defense focused on the legislative intent behind the statutes the plaintiffs used to substantiate their claims.
• The defense successfully utilized strong legal research in defining the difference between medical battery (a complete lack of consent) and lack of informed consent. In doing so, the defense focused on the legislative history of Kentucky's statute deeming informed consent given, and drew from legal opinions from all over the nation. In drafting dispositive motions, which led to courts throughout the state ruling in favor of the defendant, the defense laid out the analogous facts of similarly positioned cases throughout the United States. 

Impact on Final Outcome

• The defense’s straightforward application of the law and overlapping arguments showing that each of the claims failed individually and collectively were key factors in the favorable outcome.

Predicting the Future

• This case demonstrates the importance of diligently defending against all claims, even those that may seem frivolous or obscure.
• These favorable rulings throughout Kentucky help set the stage for how similar cases will be argued for years to come.
• The outcome reinforces the defense’s commitment to achieving positive results for their clients through effective legal strategies.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.