Firm Successful at Trial in Defense of Malpractice Claim

Tom Daley recently successfully represented a local surgeon in Supreme Court, Saratoga County.  During the one-week trial, the  theory of the case was that the plaintiff had sustained a permanent nerve injury secondary to the performance of a muscle biopsy.  The plaintiff claimed permanent numbness as well as pain requiring the use of medications  to allow the plaintiff to function.  A claim was also asserted claiming that an informed consent had not been obtained from the plaintiff prior to the procedure being performed, and that she would not have consented to the procedure had she known that permanent numbness and pain could result.  (At the close of the proof presented by the plaintiff, the lack of informed consent claim was dismissed.)  The plaintiff’s expert argued that the biopsy had not been performed in the correct location, resulting in the severing of a nerve.  In opposition to this testimony, the defendant doctor testified that his performance of the biopsy was proper.  The defense also presented an expert who testified that the biopsy was taken from the correct location and that the nerve allegedly severed should not have been in the area of the incision.  The defense also presented the testimony of a neurologist who  testified  that the nerve in question was clearly not severed and that there was no indication that the biopsy was improperly performed.   After a 6 hour deliberation, the jury found in favor of the defendant.