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  • Home
  • Our People
  • Practice Areas
    • Admiralty and Maritime
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    • Commercial Law
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    • Electronic Discovery
    • Employment Law
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Tom Smith and Katie Fowler obtain directed verdict in medical malpractice case against hospital

  • Fox Smith
  • September 1, 2010

Plaintiff alleged the defendant health care providers failed to timely diagnose an ischemic bowel and failed to take the patient to surgery in a prompt manner. Plaintiff alleged the delay caused bowel death ultimately requiring removal of a large portion of plaintiff’s small bowel, leaving plaintiff with short gut syndrome resulting in permanent disability. Plaintiff sought recovery for medical expenses of $350,000, past and future lost wages in excess of $1 million and over $4 million for pain and suffering. Fox Smith’s Tom Smith and Katie Fowler represented the defendant hospital at trial in the Missouri Circuit Court for the City of St. Louis. At the close of all the evidence on day eight of trial, the court granted defendant’s Motion for Directed Verdict, finding that plaintiff had failed to make a submissible case against the hospital. On cross-examination of the plaintiff’s liability and causation expert, Tom obtained a number of concessions that in conjunction with evidence presented by defendants supported the directed verdict.

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