A patient underwent gastric bypass surgery, but suffered permanent brain damage because of post-surgery complications and requires around-the-clock care for the rest of her life. The patient sued, alleging that the physician who performed the procedure failed to recognize that she was suffering from a severe thiamine and vitamin B1 deficiency, which led to her injuries. A jury awarded a $14.1 million verdict. The defendant physicians appealed, but the appellate court affirmed the verdict.

A multicenter, randomized trial showed that 10 days of antibiotics results in comparable outcomes as surgery. Three in 10 patients treated with antibiotics required surgery within 90 days.

A multicenter, randomized trial showed that 10 days of antibiotics results in comparable outcomes as surgery. Three in 10 patients treated with antibiotics required surgery within 90 days.

A large epidemiologic study with validated endpoints of patients with atrial fibrillation after non-cardiac surgery demonstrated such patients experience a higher incidence of subsequent atrial fibrillation, stroke, transient ischemic attacks, and all-cause mortality over five years of follow up.

This case demonstrates the importance of carefully preparing one’s argument and presenting the evidence to support necessary findings. Another interesting lesson from this case is on the basic elements of medical malpractice: Even in the face of an undisputed breach of the standard of care, medical malpractice liability is not guaranteed.

This case reveals a possible method for defending against medical malpractice actions, as well as the importance of appealing erroneous decisions by the court.

Preoperative assessments are critical to patient safety and reducing liability risks. Some assessments are inadequate and fail to identify risks that could be avoided.