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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.
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