31 January, 2025

QPWB's Sword and Dobrowolski Successfully Abolish Medical Malpractice Suit Against Surgeon in Kentucky Court

bookmark_icon

In: Verdicts

comment_icon

Comments: 0

blog_content_img

LOUISVILLE HUBBrandon C. R. Sword and Alexandria Dobrowolski recently secured a significant victory for an orthopedic surgeon in a medical malpractice lawsuit, demonstrating the critical role of thorough legal strategy to defend healthcare professionals against unfounded claims and protecting their reputations. 

Overview of the Case

The case involved a medical malpractice lawsuit filed against an orthopedic surgeon who was alleged to have been under the influence of prescription drugs during surgery. The plaintiff, a minor child who had undergone surgery by the surgeon, claimed medical battery, lack of informed consent, and negligence per se. However, the plaintiff did not allege a failure to adequately inform them of the risks inherently associated with the medical procedure, nor that the procedure was medically unnecessary. The plaintiff's procedure was performed within the standard of care, and the alleged breach in the standard of care was not a substantial factor in causing a compensable injury to the plaintiff.

The plaintiff also alleged emotional damages but provided no evidence to substantiate this claim. This was a speculative injury, one that was also considered speculative by the plaintiff's own expert. The plaintiff offered no evidence that substantiated their claims of negligent infliction of emotional distress and intentional infliction of emotional distress, specifically against the client. The plaintiff also represented that no records exist to support these claims.

Key Difference-Makers

Trial Participants:

Administrative Support:

  • Jolene Upton - Paralegal  
  • Candace Sewell - Legal Assistant  
  • Missy Works - Legal Secretary

Claims Made Against Our Client

The plaintiff alleged that the surgeon had committed medical battery, failed to obtain informed consent, and was negligent. Specifically, the plaintiff alleged that the surgeon had used medication, mainly Ambien, without informing the patient, thereby vitiating the patient's informed consent and converting the procedure into a "medical battery." The plaintiff also alleged that the surgeon's failure to disclose his alleged drug use constituted negligence per se.

Defense Strategy

The defense team argued that the plaintiff had not suffered any compensable injury and that the surgeon had not breached the standard of care. They also contended that the plaintiff's claims were based on inadmissible character evidence and statements relating to the surgeon's compromise and settlement with the Kentucky Board of Medical Licensure.

The defense team also argued that the plaintiff's claims were based on a misunderstanding of the concept of informed consent. The Kentucky Board of Medical Licensure informed consent statute does not require a physician to disclose personal information about himself or herself to the patient. It requires only disclosure of medical information about the procedures and their alternatives. This was confirmed by the trial court's ruling in favor of the defense team on this novel issue.

Impact on Final Outcome

The court granted the defense team's Motion for Partial Summary Judgment, leaving only one of the plaintiff's claims for trial. Upon the Court’s granting QPWB’s  Motions in limine, excluding all of the client’s Kentucky Board of Medical Licensure file, Plaintiff dropped their demand by 80%, and accepted the last offer. A settlement was reached shortly before trial. 

While this matter was litigated over a few years and settled within one month of trial, every motion, every hearing, and every conversation with opposing counsel allowed QPWB to be in the position to receive a huge and favorable ruling from the Court, which led to a better settlement value for the client.

Sword and Dobrowolski were meticulous when drafting each dispositive motion and committed to the theory of liability and position for defense. A ruling such as this is a testament to QPWB's interminable commitment to its clients regardless of the proximity to trial. The firm is always ready to position its clients for a favorable settlement or fully prepare to defend them at trial.

Predicting the Future

This win reinforces QPWB's commitment to providing thorough and effective legal representation in medical malpractice cases. The firm's attorneys and support staff work tirelessly to defend clients against frivolous lawsuits and achieve the best possible outcomes. QPWB is dedicated to staying at the forefront of medical malpractice defense and ensuring that healthcare professionals receive the strongest possible representation in the face of complex legal challenges.

Discover the QPWB Difference

Learn More

Related News

image_1
February 6, 2025

Partner Elizabeth Collins Plummer Cites...

ORLANDO HUB – Partner Elizabeth Plummer recently achieved a significant victory for an apartment complex owner and its management...

image_1
February 4, 2025

Sword and Dobrowolski Utilize Knowledge...

LOUISVILLE HUB — QPWB attorneys Brandon C. R. Sword and Alexandria Dobrowolski recently obtained a significant victory for a...

image_1
January 28, 2025

Partner Titania Haynes’ Keen Eye...

WEST PALM BEACH HUB — Partner Titania Haynes recently obtained a significant victory for a major property insurer in...

Start typing and press Enter to search

Shopping Cart

Support & Admin

Apply now to make a difference in your community and be a part of the largest women and minority owned law firm in the country. Please enter your information, attach your resume, and we will contact you soon!

Lateral Partners

Apply now to make a difference in your community and be a part of the largest women and minority owned defense law firm in the country. Please enter your information, attach your resume, and we will contact you soon!

Associate Attorneys

Apply now to make a difference in your community and be a part of the largest women and minority owned defense law firm in the country. Please enter your information, attach your resume, and we will contact you soon!