Mitchell Gallagher attorney Gary Weber successfully defended a physician in a medical malpractice case filed in the Court of Common Pleas of Mifflin County. The jury trial took place in October 2010.
The plaintiff, a middle-aged woman, was treated for diverticulitis, by removing a section of bowel. A hernia occurred and was repaired. The incision was healing very slowly, and repeatedly became infected. The patient demanded that the infected mesh be removed, despite strong warnings of the risks associated with the surgery. The mesh was removed and replaced. The bowel began to leak, and was repaired. The repair failed. Sepsis ensued and the patient was hospitalized for months due to the complications of the infection.
At the trial, plaintiff claimed that the doctor was negligent in using mesh for the treatment of the hernia. The manner in which the doctor followed and treated the infection was criticized. The type of suture used was claimed to have caused infection. The doctor's decision to remove the infected mesh, despite his concerns, was criticized.
The doctor testified that he followed the correct standards in all respects. Incisional hernias are a known complication of bowel surgery, particularly in obese people. Treatment of the slow healing wound and infections was hindered by the patient's morbid obesity and history of smoking. The use of mesh is standard in hernia cases, and was necessary to properly treat the patient. Although the doctor strongly recommended against the removal of the infected mesh, the patient, as a mature adult with all the information concerning the risks, was permitted to demand the removal of the mesh, so he performed the surgery. The patient was warned of risks of possible bowel perforation and infection.
The jury deliberated for roughly 30 minutes before finding in favor of the doctor. No appeal was filed.