Firm obtains defense verdict in wrongful death jury trial
BOSTON (Nov. 23, 2010) – Pamela S. Gilman and Lauren J. Regis recently obtained a defense verdict on behalf of a nurse practitioner in a wrongful death lawsuit involving allegations that she didn’t recommend a colonoscopy to a 40-year-old man with a family history of colon cancer.
The man’s wife and children alleged that the nurse practitioner breached her standard of care by not obtaining an accurate family history and not recommending that the man undergo further screening, which ultimately caused his death from colorectal cancer that had metastasized to his liver.
Because the medical records from the relevant time period were lost, the defense of the nurse practitioner was predicated on her testimony regarding her usual custom and practice. She testified that she was well aware of the screening guidelines for colorectal cancer, that she always obtained a family history from her patients, and that had the decedent provided her with his father’s history of colorectal cancer she would have timely referred him for a colonoscopy.
Gilman and Regis argued at trial, with the aid of testimony from preeminent experts, that a timely diagnosis of the decedent’s cancer would not have impacted his prognosis given the likely onset of his metastasis.
Following a 10-day trial in the Essex County Superior Court in Lawrence, Mass., a panel of 14 jurors rendered a verdict in favor of the nurse practitioner after only two hours of deliberation.
“Our client is an extremely credible and conscientious medical provider,” said Gilman. “In addition, the expert testimony on her behalf strongly supported her position.”
About Taylor Duane
Taylor Duane is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm as one of Rhode Island’s Best Places to Work for three consecutive years (2008-2010).
