Jury Awards 100% in Medical Malpractice Case Against a Central Ohio Urologist
Columbus, OH: A routine procedure to break up a patient's kidney stones with shock waves resulted in the destruction of one man's spleen. Attorney Curtis Fifner of The Donahey Law Firm took on the case (Franklin County Case Number 10 CV 014046) hoping to get his client fairly compensated for his pain and suffering.
The Donahey Law Firm of Columbus, Ohio, has attorneys who regularly represent individuals who have died or suffered extensive injuries resulting from negligence of a hospital, physician, nurse practitioner or other health care provider. "Our client should not have had to file a lawsuit to make the doctor take responsibility for his actions," stated Fifner. "A jury, therefore, made sure the doctor was held accountable for negligently causing these severe, permanent injuries."
The jury returned a verdict against the central Ohio urologist who performed the procedure and awarded 100% of what Fifner argued the damages were worth for his client. "I've never heard of another case in which a jury awarded 100% in a medical malpractice case," exclaimed Fifner. "This is highly unusual."
The defense tried to argue that injuring a spleen during the procedure was an accepted, albeit unusual complication. Fifner remarked. "We showed the jury that the only way this injury could have occurred was that the doctor shocked the spleen rather than the kidney stone he was attempting to hit. As proof, we showed the jury that the kidney stone closest to the spleen did not break up, but the spleen was severely damaged. Additionally, the pathology report from the spleen showed the shock waves directly contacted the spleen, and the defense could not refute this evidence."
Fifner further indicated that he would pursue pre-judgment interest in the case since an offer to settle was never made. "While the jury made sure our client was compensated, at the end of the day, a dollar amount can't be placed on what he and his family have had to go through since the initial procedure."
The Donahey Law Firm is one of the oldest personal injury law firms in Central Ohio. Established in 1968, their mission has always been to help injured people obtain fair compensation for their pain and suffering. Visit www.donaheylaw.com for more information.