Defense Victory: Dickinson & Gibbons Attorneys Secure Complete Verdict in High-Stakes Medical Malpractice Case
On October 25, 2024, Dickinson & Gibbons Attorneys, Ralph L. Marchbank, Jr. and Mark S. Tomlinson, obtained a complete defense verdict in a wrongful death medical malpractice case in Sarasota County, Florida. Mr. Marchbank and Mr. Tomlinson represented a local orthopedic spine surgeon, and a large orthopedic practice based in Sarasota.
The case arose in 2021 when the Plaintiff, as personal representative of her husband’s estate, brought a lawsuit alleging our client was negligent and breached a physician’s standard of care by failing to properly respond to communications from hospital nurses pertaining to the patient’s condition, communicated through the practices after hours call service.
The case proceeded to trial where the Plaintiff claimed our client’s failure to respond to communications regarding the patient’s medical condition led to him becoming septic and dying from post-surgical complications. Mr. Marchbank and Mr. Tomlinson argued that at all times, our client acted reasonably in accordance with the standard of care and the hospital’s policies and procedures. Mr. Marchbank and Mr. Tomlinson also presented expert testimony that the complications suffered by the patient were extremely rare and there was nothing to suggest that his symptoms at the time would predict the complications (bowel obstruction) which led to his passing.
At the close of the trial, the Plaintiff asked the jury to award $20 million in damages. After only one hour of deliberations, the jury returned a complete defense verdict in favor of our client, and his medical practice, finding the Defendants were not negligent.
