Meyerkord & Meyerkord, LLC Takes Medical Malpractice Case Over Surgical Error to Trial
Posted By Meyerkord & Meyerkord, LLC
Our St. Louis medical malpractice attorneys at Meyerkord & Meyerkord,
LLC recently took a case to trial involving a client who had alleged he
was the victim of a surgical error. Specifically, our legal team brought
a claim that our client was harmed when the operating surgeon injured
a main artery in his abdomen during a procedure to remove a cancerous
tumor from his colon.
During litigation, it was our stance that the injury to the main artery
compromised blood flow to the small intestine, which resulted in our client
losing much of his small intestine, a condition known as short bowel syndrome
(SBS) or short gut. The defendants’ legal team raised no dispute
that blood flow to the small intestine was compromised. However, the alleged
injury to the artery was never formally diagnosed, which allowed the defense
to dispute what exactly caused the lack of blood flow to the small intestine.
To support their stance, the defense argued that our client became septic,
which is a risk in any surgical procedure, and further argued that this
caused the lack of blood flow to the small intestine. In addition, our
client had recovered remarkably well from the procedure, and was able
to return to work at the time of trial. However, he still suffered from
permanent short gut syndrome.
It was our client’s goal to have the treating surgeon in this case
take responsibility for the outcome. Once litigated, however, the jury
ruled in favor of the surgeon, and he was not compelled to accept accountability.
Though the case was difficult and subject to complex concepts of medical
science, surgery, surgical risks, and a medical professional’s “duty
of care” in such procedures, our legal team presented a strong case
on behalf of our client.
We litigated this case, as we do many other
personal injury and
medical malpractice cases, because we supported our client’s objective to have the defendant
accept responsibility for his actions. When a defendant refuses to take
responsibility, we take them to trial and let a jury decide the final outcome.
As a firm that has recovered more than $400 million in
verdicts and settlements for our clients, Meyerkord & Meyerkord, LLC has handled many difficult
trials such as this. Our willingness to fight for our clients means that
we are willing to take cases to trial, rather than just simply settle
without an acceptance of fault. It is this willingness to tackle tough
cases that has allowed our firm to build a reputation as aggressive and
unwavering advocates, and to work cases that many will not.