Directed Verdict Secured for Neurosurgeon in CES Malpractice Case
In a seven-day medical negligence jury trial, our attorneys secured a directed verdict in favor of a neurosurgeon. Plaintiffs alleged the surgeon was negligent for delaying surgery on the plaintiff’s cauda equina syndrome (CES) for approximately 30 to 33 hours after onset. The defense argued there was no statistically sound basis to conclude that operating at any specific time within 48 hours, for example, within 24 hours, would result in a better outcome.
At the close of the plaintiffs' case-in-chief, the defense moved for a directed verdict, noting that the jury would have to speculate on whether the surgeon breached the standard of care because the plaintiffs’ expert could not identify a required timeframe for surgery. The jury would also have to speculate about causation, as the expert could only stat that the patient would have been “better” in an unspecified way. Furthermore, the plaintiffs offered no evidence from which a jury could determine damages without speculation.
The circuit court agreed on all points and entered a directed verdict in favor of the neurosurgeon, dismissing the plaintiffs' case.
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