Meeting the Standard of Care
Clifton Acord and Derek Bush
Adhering to the core principles central to a wrongful death case may be a challenging standard to uphold—but it’s one our team takes seriously no matter the nature of the case.
In a recent case involving the untimely death of the plaintiff’s spouse following complications from laparoscopic hiatal hernia repair surgery, Rissman attorneys Cliff Acord and Derek Bush obtained a defense verdict.
Following the plaintiff’s surgery, our client, a radiologist, ordered and interpreted a routine post-operative upper GI study. He reviewed the study and determined that there was no definitive evidence of a gastric leak, though a leak could not be ruled out.
The decedent was discharged, but later returned and was found to have experienced septic shock. Following a resulting exploratory surgery and partial gastrectomy, the patient did not recover.
Ultimately, the Rissman team’s two expert witnesses both testified that the defendant’s interpretation of the upper GI results met the standard of care. Though a difficult circumstance, the patient’s delayed leak after discharge was determined to have been a known potential complication of the surgery.