Jacqueline Berger, assisted by Fiachra Moody and Ashley Mullings-Maragh, obtained a discontinuance as to their client during trial.
The case involved a 72 year old patient who developed a decubitus ulcer on his sacrum during a hospitalization at the co-defendant medical center. Our client was a board-certified surgeon who was called as a consultant to recommend treatment for the ulcer after it had already progressed to an unstageable wound. Due to the patient’s tenuous medical status, he was not a candidate for the operating room and our surgeon recommended enzymatic debridement and performed 2 excisional bedside debridements. The claims as to our client were that she failed to performed debridements early enough in the treatment course, which did not permit the wound to heal and caused him pain and suffering. We defended the case vigorously, arguing that there were no departures by our client and that she did not cause any injury to the patient.
During trial, plaintiff settled with the co-defendant hospital and discontinued the case with prejudice as to our client surgeon, with no money paid on her behalf.