Final Verdict: Surgery Did Not Cause Injury

FREE Case evaluation

Serious injuries deserve experienced attorneys

Final Verdict: Surgery Did Not Cause Injury

When a patient’s condition worsens after a medical procedure, it’s natural to assign blame. Humans have evolved to identify patterns and associate correlation with causation. If two things seem linked in time or provenance, the immediate tendency is to conclude that one must have caused the other. This predilection might have been advantageous to our savannah ancestors, but it doesn’t always yield the correct results when dealing with the complexities and uncertainties of modern medicine.Final Verdict: Surgery Did Not Cause Injury

Medical malpractice attorneys often receive calls from patients who have experienced a negative outcome following surgery, use of a prescription, or other treatment. To them, it seems clear that their pain and suffering is the result of something that was done improperly. They may not know what went wrong, but they are certain that someone should be held responsible.

If winning a medical malpractice case merely required a showing that an adverse impact had followed a medical procedure, these cases would be far more common and medical malpractice insurance would be dramatically more expensive. Instead, a medical malpractice lawyer has to show that the injury resulted from an actual mistake or other problem associated with the procedure. Also, the mistake must be significant enough that it constitutes a breach of the ordinary standard of care. 

For Sheri Fox, a 40-year-old animal control officer, it seemed clear that something had gone seriously wrong during surgery. In 2012, she was diagnosed with a cancerous dermoid cyst. She went to Annapolis OB-GYN Associates and was treated by Dr. Claudia Hays, who operated on Sheri and removed her ovaries along with the cyst by laparoscopic oophorectomy. Five days after the surgery, however, she began experiencing severe symptoms, and it was determined that she had a perforation of the sigmoid colon.

Perforation of the sigmoid colon often occurs when existing vulnerabilities in the large intestine, like diverticula, become more pronounced and rupture. The condition can cause life-threatening infection and requires immediate treatment. Sheri had to have repair surgery, a colostomy, and a colostomy reversal.

Sheri sued Dr. Hays, arguing that the perforation had occurred during the surgery and that the doctor should have recognized the error and repaired it immediately. She also stated that she was permanently unable to go back to work and demanded $4 million in damages.

During the nine-day trial, however, the defense denied any violations of the standard of care. They argued that the perforation could not have taken place during the surgery, since symptoms did not present for five days, and that it had nothing to do with the oophorectomy. They said it was most likely due to a thermal injury or a perforation of a diverticulum. They denied responsibility for subsequent surgeries and hospitalization. Additionally, they challenged the degree of injury, presenting evidence that she had returned to normal life activities, including parasailing. Cohen & Cohen

After five hours of deliberation, the Anne Arundel County jury reached a finding of no malpractice and returned a verdict for the defense.

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc

Featured on

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

PRACTICE AREAS

Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

RECENT POSTS

Client Review

"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."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

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!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
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💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
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.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

Best Personal Injury Lawyer in DC

SuperLawyers2010
SuperLawyers2011
SuperLawyers2012
SuperLawyers2014

Cohen & Cohen Has Been Featured On

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

12 + 12 =

Read more: