Trief & Olk Obtains Settlement in Lap Choly Claim
Trief & Olk represented a retired man in a rural court who suffered damage to his common bile duct and common hepatic duct when a surgeon continued to dissect his anatomy, despite the surgeon’s inability to identify the anatomy that he was cutting. Defendant argued that the condition of the plaintiff pre-surgery, including his obesity and scar tissue within his abdomen, was the reason why the gallbladder surgery was unsuccessful and that the doctor did everything correctly, despite the difficult situation he faced. Trief & Olk, however, argued that the surgeon’s own records and pre-trial testimony demonstrated that the surgeon was not experienced enough to handle the surgery and should have transferred the patient to a more experienced surgeon and better equipped facility once he encountered difficulty, rather than blindly cutting the plaintiff. Trief & Olk were able to obtain a settlement for the client for a confidential sum before trial.