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VOLUME 10 August 2005 | ||||||
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VICTORY FOR MSZL&M IN FLORIDA MEDICAL MALPRACTICE SUIT By Lisa R. Harris, Esq.
Dr. Joseph Gomes of Aventura Hospital became a client of MSZL&M after Shirley Dubler filed a medical malpractice lawsuit against him in Miami-Dade County, Florida. Ms. Dubler, who is a quadriplegic, had been in the care of husband Phillip Dubler, 83, for over 50 years. Dr. Gomes had treated Mr. Dubler in 2003 after he complained of left flank pain. Phillip Dubler was examined by Dr. Gomes on September 1, 2003. By this time, two fire rescue crews, a triage nurse, and a primary care nurse had examined Mr. Dubler. Mr. Dubler’s vital signs were normal throughout each examination, including that performed by Dr. Gomes.Unbeknownst to his healthcare providers, Mr. Dubler had a contained abdominal aortic aneurysm. After Dr. Gomes’ examination, the aneurysm began to leak. Dr. Gomes was called to Dubler’s bedside and diagnosed the abdominal aortic aneurysm. Dr. Gomes immediately consulted a surgeon and, although the patient survived for twelve days post-operatively, he succumbed to multi-organ system failure.
The Plaintiff’s pretrial demand to Dr. Gomes and his employer was $1,000,000. Addison J. Meyers and Lisa R. Harris of the Florida office recently tried the case to verdict before a six-person jury. Dr. Gomes was accused of failing to timely make the diagnosis of abdominal aortic aneurysm, which resulted in a critical delay in getting the patient to surgery. He was also charged with failing to conduct a thorough abdominal examination and failing to order the appropriate radiographic study upon making the diagnosis. Despite Shirley Dubler’s decreased quality of life since her husband’s death, the jurors were attentive to the direct examinations of the defense experts chosen for this matter. Through careful explanation utilizing effective anatomical charts and diagrams, the jurors were able to understand the complexities of the medical issues. At the end of three weeks of trial testimony, the jurors deliberated for less than an hour and returned a defense verdict in favor of Dr. Gomes. |
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