Facts

Frank Tso first presented to Jules Perley, M.D., in October 2002 for a consultation regarding symptoms related to an obstructed prostate. Dr. Perley learned that the patient had a history of high blood pressure, but did not learn about the patient's prior stroke. Dr. Perley did not refer the patient to his primary care physician for surgical clearance. On Nov. 12, 2002, Dr. Perley performed prostate surgery. Following surgery, the patient's blood pressure became elevated and he died one day later. The patient's wife, Rita Tso, sued Dr. Perley, alleging medical malpractice and wrongful death.

PLAINTIFF CONTENTIONS:
The plaintiff contended that the decedent was not an appropriate candidate for surgery and that the performance of surgery was a substantial factor in causing her husband's death. The plaintiff contended that the standard of care required Dr. Perley to obtain surgical clearance from the patient's primary care physician before proceeding with surgery. A pre-operative work-up would have included an echocardiogram. The plaintiff also contended that based upon the results from the autopsy, an echocardiogram, if performed, would have disclosed significant cardiovascular disease, which would have lead to the performance of heart by-pass surgery instead of prostate surgery, thus saving the patient's life. DEFENDANT

The plaintiff contended that the decedent was not an appropriate candidate for surgery and that the performance of surgery was a substantial factor in causing her husband's death. The plaintiff contended that the standard of care required Dr. Perley to obtain surgical clearance from the patient's primary care physician before proceeding with surgery. A pre-operative work-up would have included an echocardiogram. The plaintiff also contended that based upon the results from the autopsy, an echocardiogram, if performed, would have disclosed significant cardiovascular disease, which would have lead to the performance of heart by-pass surgery instead of prostate surgery, thus saving the patient's life. DEFENDANT CONTENTIONS:
The defendant contended that his care and treatment at all times complied with the standard of care in the community and did not cause or contribute to the patient's death. The defendant contended that the patient's medical history placed him in a low cardiovascular risk category for prostate surgery. The standard of care did not require surgical clearance from the primary care physician in advance of surgery. The defendant also argued that the autopsy findings and clinical information were inadequate to identify a mechanism as a probable cause of death.

Result

The jury returned a defense verdict.

Other Information

Following trial, the defendant waived the right to seek recoverable defense cost and the plaintiff waived the right to pursue an appeal.

Deliberation

one hour

Poll

11-1 (no negligence)

Length

seven days