$1.5 Million Jury Verdict for Gastroenterologist Medical Malpractice
- Attorney: Carol Forte
- Settlement: $1.5 Million
- Practice Areas: Medical Malpractice, ERCP, Informed Consent, Pancreatitis
Carol Forte recently obtained a $1.5 million jury verdict against a gastroenterologist who performed a potentially dangerous procedure known as an ERCP without fully informing the patient of all of the risks of that procedure or alternatives to it.
The ERCP procedure involves passage of a scope through the esophagus into the biliary system, in order to look for stones in the bile ducts. After the ERCP, the patient developed severe pancreatitis, was hospitalized for eight months and underwent five surgeries.,The defense lawyers argued that the patient knew about the risks, and that the procedure was performed according to medical standards, and that the ERCP procedure was not the cause of the injuries suffered by the patient.
Carol argued that the patient would not have had this test had he known the serious risks involved, and introduced evidence to show that the patient’s injuries were a direct result of the test.
The verdict by the jury was in the plaintiff’s favor, in the amount of $600,000 The defendant’s motion for a new trial was denied by the court.