A Morgan County jury deliberated only one hour before returning a unanimous defense verdict December 12, 2013, in favor of a general surgeon defended in a 4-day trial by Stinnett & Masters partner Mark Stinnett.
The surgeon had operated on the plaintiff in December 2010 to repair a recurrent ventral incisional hernia after a previous repair by another surgeon had failed. Postoperatively, the patient developed a relatively large seroma, a collection of fluid beneath the skin that she alleged caused her pain and disfigurement. Plaintiff claimed that the surgeon should have used a different procedure and technique to prevent the seroma from forming, and that he failed to provide proper care for it after it had formed.
The defense contended that a seroma is a fairly frequent and generally benign complication of any abdominal surgery, and that all of the surgeon's actions during and after surgery were appropriate. The jury agreed, finding that the surgeon was not negligent and that no negligence by him was a cause of any injury to the patient.
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