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Naomi Plakins Wins for Client Doctor in High/Low Medical Malpractice Arbitration
September 16, 2014

In a private high/low arbitration conducted over 3 days in Philadelphia, Naomi Plakins secured a victory for the obstetrician/ gynecologist client on September 16, 2014.  The Plaintiff patient had elected to undergo laparoscopic removal of her ovaries, during which procedure the client inadvertently and unknowingly caused two perforations in the patient’s small bowel when the camera trocar was inserted into the patient’s abdomen. The patient subsequently experienced severe peritonitis, sepsis, lung damage, coma, delirium, and months of hospitalization and rehabilitation, along with lost wages and loss of consortium.  She claimed that the client was negligent in the performance of the procedure, and that there was delay in the diagnosis of the perforation. 

Plakins argued that the bowel perforation, although regrettable, is an inherent risk of the surgery, and that no delay occurred where client had timely brought in surgical consultants who counseled conservative management.

 

The arbitrator, a retired Judge, deliberated several days and entered judgment in favor of the client.

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The patient subsequently experienced severe peritonitis, sepsis, lung damage, coma, delirium, and months of hospitalization and rehabilitation, along with lost wages and loss of consortium.  She claimed that the client was negligent in the performance of the procedure, and that there was delay in the diagnosis of the perforation. 

 Plakins argued that the bowel perforation, although regrettable, is an inherent risk of the surgery, and that no delay occurred where client had timely brought in surgical consultants who counseled conservative management.

The arbitrator, a retired Judge, deliberated several days and entered judgment in favor of the client. 

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