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Confidential Settlement - Inexperienced Resident Allowed to Perform Complicated Procedure on Elderly Patient - Partial Paralysis

Complicated procedures must be performed or supervised by competent experienced physicians. It is not allowed for inexperienced residents to perform such procedures when not carefully supervised by experienced, knowledgeable surgeons. Unfortunately, this is exactly what happened to our client when a resident was allowed to perform a procedure on this elderly woman.

During deposition, it was learned for the first time that the supervising physician did not actually perform the procedure. It soon became clear that the doctor was not even in the same room as the resident. The surgeon assured our firm during deposition that the resident had much experienced and had done as many as fifty of the procedures. When the resident was deposed, he indicated that he had done ten. When his surgical records were obtained, it was learned that he had done only two and these were simple procedures, not complicated ones like the one in question.

A confidential settlement was soon reached during litigation.