YOST v. M.D.

YOST v. M.D., ET AL.
Decision Date: April 21, 2015
Case Number: 13-CV-0044
State of Wisconsin/Circuit Court/Eau Claire County
Medical Malpractice
Jury Trial

In a seven-day medical negligence trial, defense counsel, including Barrett Corneille, secured a verdict in favor of three OB-GYN physicians. Plaintiff claimed that these physicians’ failure to diagnosis severe preeclampsia and prescribe anti-hypertensive medication in the last week of her pregnancy resulted in her permanent partial loss of vision. Defendants contended that plaintiff was appropriately diagnosed with mild preeclampsia and that the standard of care for managing mild preeclampsia did not require administration of antihypertensive medication. Prior to the trial, defendants obtained a favorable decision on a motion in limine barring plaintiff’s counsel from making arguments based on the so-called “reptile theory,” which improperly attempts to equate general concepts of safety with the medical standard of care. The issues of standard of care, causation and damages remained contested at trial.  After a short deliberation, the jury found no negligence on the part of any of the defendant physicians.

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