Final Verdict: Colon Perforation Unavoidable

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Final Verdict: Colon Perforation Unavoidable

The best medical malpractice attorneys recognize that no two cases are exactly alike and no case is ever an “easy” win. Even if liability seems clear and damages are serious, there are always unknown factors which can cause a different outcome. Often, a physician with the greatest amount of culpability will be the one who fights the most against admitting fault. In other cases, a hospital or other medical provider will go to great lengths to blame the patient for what happened, claiming that the patient made the wrong choice, didn’t cooperate, or had poor health Final Verdict: Colon Perforation Unavoidablehabits.

While it is certainly true that a patient should make every attempt to cooperate and participate in his or her own care, nothing should excuse egregious medical malpractice. A doctor who blames the patient for his own mistakes needs to be held accountable.

Still, in some circumstances, there is nothing that can be done to ensure a perfect outcome for a patient. This was likely the case for Dorothy Gittings, an 81-year-old retiree who passed away on September 28, 2012. Earlier in the month, Dorothy had undergone surgery for a right shoulder replacement at Greater Baltimore Medical Center in Baltimore, Maryland. Although the shoulder surgery itself seemed to go well, Dorothy had several significant co-morbidities that caused concern.

In particular, Dorothy’s heart problems and a history of intestinal complications seemed to be a threat. Following the surgery, cardiac issues and a swollen stomach/abdomen area resulted in further treatment. Dr. John Flowers, a general surgeon, examined Dorothy and expressed concerns about bowel obstruction and compression. However, he recommended colonoscopy and therapeutic relief efforts, as he feared that attempting invasive surgery could be too much.

Dr. Lester Bowser, a gastroenterologist, attempted to perform the colonoscopy. However, Dorothy had a history of challenging or incomplete colonoscopies, and this one was no different. The scope would not enter beyond 25 centimeters. During the attempted procedure, Dorothy suffered a bowel perforation and quickly deteriorated, passing away within a matter of hours.

Dorothy’s estate, through her children, hired medical malpractice attorneys Rodney Gaston and Justin Zuber to sue the treating physicians for medical malpractice, wrongful death, negligent treatment, surgical malpractice, and hospital malpractice. They demanded $887,500 in total damages and argued that the treatment received by Dr. Flowers and Dr. Bowser breached the ordinary standard of medical care. They said that because Dr. Flowers knew Dorothy had a history of difficult colonoscopies, he should have prescribed abdominal surgery instead.

The trial took five days and left the jury less than convinced. Experts who testified on behalf of the defense explained that both colonoscopy and open surgery carried risk and that it was the judgment call of the physician to determine which was better suited and carried a greater likelihood of success. According to Dr. Flowers, a surgical approach would likely have resulted in the same outcome, and failure to perform some kind of arthroscopic colon decompression would definitely have been fatal due to the extent and severity of the colonic compaction. Cohen & Cohen

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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June 3, 2022.
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willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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