MARTIN v. M.D. AND INSURANCE COMPANY, ET AL.
Decision Date: 09/15/13
Case No: 09-CV-3725
State of Wisconsin/Circuit Court/Dane County
In this medical negligence case, CLG successfully defended an anesthesiologist who performed radiofrequency ablation on a patient who suffered head drop following the procedure. Plaintiffs claimed the physician negligently performed the procedure since motor stimulation had not been utilized as a precautionary measure. Plaintiffs argued that subsequent head drop could have been prevented had the precautionary measure been taken. Failure to obtain informed consent was also alleged and centered on discharge instructions provided to the plaintiff which indicated that motor stimulation would be done. The defendant physician and defense experts testified that motor stimulation did not need to be performed in order to meet the standard of care and had it been used, it would not have altered the outcome. In final arguments, plaintiffs sought damages in excess of $10,000,000. After a 7 day trial, the jury found the physician not negligent and no damages were awarded.