Feb 22 2019

Trial Verdict 2019-5: Morrison Mahoney Partner Michael Racette Obtains Defense Verdict in Berkshire Superior Court

Morrison Mahoney Partner Michael Racette obtained a “no negligence” defense verdict after a one-week medical malpractice jury trial in Berkshire Superior Court before Judge John Agostini. The plaintiff alleged that our client, a general surgeon, negligently transected the patient’s left hepatic duct, right hepatic duct, and common bile duct, during laparoscopic gallbladder removal surgery, resulting in subsequent extensive biliary repair surgery, two subsequent hospitalizations, prolonged and painful recovery, extensive and permanent abdominal scarring, and increased life-long risk of liver failure.  In our defense, our expert testified that the risk of injuring nearby bile ducts is a known risk of the procedure, which can never be eliminated, even if the surgeon—as ours did—follows the standard of care. 

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