Jury Finds No Negligence for Urgent Care Physician in Failure to Obtain Informed Consent Malpractice Case
In a medical malpractice jury trial, our attorneys secured a no negligence verdict for an urgent care physician. Plaintiff alleged the physician missed an early diagnosis of acute compartment syndrome and failed to obtain informed consent by not warning her of its risks. She claimed the missed diagnosis left the condition untreated for two days before it was identified and treated in an emergency room.
The defense team maintained plaintiff was not experiencing acute compartment syndrome during the urgent care visit and that it developed days later. Further, because the physician had not diagnosed the condition, there was no duty to inform her about a condition she did not have.
This case spanned six years, included extensive discovery and multiple pre-trial motions, and involved more than $2.5 million in alleged damages for pain and suffering, medical expenses and loss of earnings.
During trial, the court granted a directed verdict on the informed consent claim after defense counsel cross-examined plaintiff’s experts and briefed the issue. After a short deliberation, the jury found no negligence by the physician.
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