(703) 273-9500
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Case Results

Med-mal plaintiff prevails in second jury trial

Our client was a single mother and teacher who had a double mastectomy for unilateral breast cancer. After the mastectomy, she underwent breast reconstruction which required multiple surgeries. During what was supposed to be her last surgery, the doctor operated on the wrong breast. After surgery on the breast that had been irradiated, the stitches did not hold and the implant began to extrude. Our client was forced to undergo six additional reconstructive surgeries to repair this new damage.

The case revolved around the defendant doctor's claim that a broad consent form allowed for surgery on either one or both breasts. The plaintiff disagreed, claiming that the doctor's own reports showed that there had been consent to surgery on only one breast, and that plaintiff had specifically instructed a nurse to cross out a reference to two-sided surgery in the medical records prior to the surgery. The doctor's pre-operative report indicated that he had marked only one breast prior to surgery while the patient was still awake. The doctor could not support his claims other than citing his usual surgical routine, stating he could not recall specific consultations.

The jury deliberated for seventy minutes before awarding more than the plaintiff asked for in closing arguments. This case was a re-trial after the first trial ended with a hung jury, which favored the plaintiff 5-1.

Awarded: Verdict $1,300,000


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Weiner, Spivey & Miller, PLC
10605 Judicial Drive
Suite B6
Fairfax, VA 22030
Phone: (703) 273-9500
Fax: (703) 273-9505
Toll Free: 1-877-611-0605
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