Final Verdict: Surgical Error Slices Patient

FREE Case evaluation

Serious injuries deserve experienced attorneys

Final Verdict: Surgical Error Slices Patient

Medical malpractice can be a difficult area of law. Even when there appears to be clear evidence of a medical mistake and significant harm as a result, the defense can still argue that the “standard of care” was not breached by the error. This is another way of saying that the error took place in the ordinary course of the medical procedure and could not reasonably have been avoided or prevented, other than by avoiding the procedure altogether. While seemingly harsh, this makes sense. We recognize that not every medical procedure will be successful, and some Final Verdict: Surgical Error Slices Patienterrors are bound to happen even if the provider takes every precaution.

However, just because a provider claims that the “standard of care” was not breached does not mean that they are right. In fact, this claim is common in medical malpractice suits. The guilty party never wants to admit that their mistake was actually negligent or makes them culpable in any way. An experienced medical malpractice attorney can hold “feet to the fire” to make sure the responsible party is made to pay for the damage they caused.

In May of 2012, 51-year-old clerical employee Marie Lynn Price received gallbladder removal surgery at Providence Hospital in Washington, DC from Dr. Gail Pearson. Initially, Marie began to recover normally, but by the following day began to show signs of jaundice. In adults, this is typically the result of biliary obstruction. After months of treatment, a series of diagnostic imaging scans revealed the existence and location of the hepatic obstruction which was causing jaundice. Dr. Pearson performed an additional exploratory surgery on August 20, 2012, and found that her former surgery had cut through the hepatic duct. Dr. Pearson closed Marie’s incision and informed her afterward that nothing could be done.

Marie’s condition worsened, and received a series of additional surgical intervention over a period of months before finally visiting Dr. Lynt Johnson, a hepatobiliary repair surgeon. Dr. Johnson eventually performed a complex repair surgery to correct the damage in October of 2012, from which Marie ultimately recovered. 

After her recovery, Marie hired attorneys Michael Winkelman and Christian Mester, suing Dr. Pearson and Providence Hospital for medical malpractice, surgical malpractice, surgical error, and improper post-operative care. She alleged that Dr. Pearson had performed the initial surgery improperly, transecting the hepatic duct, and had also made errors during subsequent surgery. As a result of the error, Marie had to undergo multiple additional surgeries, additional hospital admissions, and suffer a lengthy recovery process with ongoing and permanent abdominal pain.

Experts hired by the hospital attempted to dispute Marie’s claims, arguing that even if there was an error, it did not breach the standard of care owed to Marie by Dr. Pearson. They also disputed that any mistakes were made in follow-up care and that the subsequent surgery was necessary. During the four-day trial, Marie’s medical malpractice attorneys argued that she had incurred $240,000 in medical expenses and was owed those medical expenses as well as pain and suffering.

The jury agreed that Dr. Pearson had committed medical malpractice. However, they ultimately only awarded Marie $75,000. Cohen & Cohen

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

11 + 6 =

Read more: