|
News - Verdicts/Successes
Announcements
|Verdicts/Successes
Mark Perry obtains verdict for otolaryngologist in basal cell recurrence case.
Mark Perry successfully defended a otolaryngologist
with a defense verdict in Lackawanna County. Plaintiff
was forty-four years old when she first treated with
the ENT surgeon on September 16, 1987 for a basal cell
carcinoma on the left side of her nostril. The doctor
surgically excised the tumor with clear surgical margins
and performed a reconstruction. He followed the patient
at routine intervals through the early 90's. In 1998
the patient returned with some increased swelling, but
the doctor believed there was no sign of a recurrent
tumor. Eventually, she returned again to the otolaryngologist
in October 2001. At that time the ENT specialist noticed
a change in the size and appearance of the left side
of her nose. The physician ultimately referred her to
a plastic surgeon and a dermatological surgeon who performed
a Mohs' procedure in May 2002.
Plaintiff argued that the ENT deviated from the standard
of care by failing to perform adequate surgery and follow-up
care in 1987 in order to prevent the recurrence of the
basal cell. In addition, the Plaintiffs argued that
the doctor should have performed more vigilant surveillance,
particularly with respect to the alleged recurrence,
which occurred in 1998.
The defense argued through its expert witnesses that
the technique utilized by the ENT in 1987 was completely
appropriate and within the standard care. The defense
argued that it was not the standard of care to require
Mohs' surgery for this type of procedure in 2001, let
alone 1987. The defense argued that the doctor performed
appropriate and close follow-up care, and that the recurrence
of the basal cell was extremely rare and could not have
been prevented.
The trial lasted five trial days. The jury reached
a unanimous verdict after deliberating for one and one-half
days.
|
