Marc Erickson and Brandon Henry successfully defended our client, a gastroenterologist, in a jury trial in Jackson County, Missouri. The patient had been diagnosed with esophageal cancer and our client was performing an esophageal dilation when he unintentionally perforated the patient’s esophagus. As a result of the perforation, the patient underwent multiple surgeries. The patient died nine months later from the metastases of his cancer.
The patient’s family alleged that the dilation should not have been performed because the risk of the procedure outweighed the benefit and alleged that the perforation caused the patient’s cancer to spread. Our client admitted that he caused the perforation but stated that perforation was a known complication of the procedure. Our client also denied that that risk of the procedure outweighed the benefit and denied that the perforation caused the cancer to spread.
The Jackson County jury returned a defense verdict for our client after a one-week trial.
With one of the leading professional liability practices in the Midwest, Wagstaff & Cartmell represents professionals, like our defendant, who are held to a high standard of care. We provide doctors, accountants, and other professionals with aggressive litigation when necessary.