Defense Verdict in Las Vegas Medical Malpractice Trial

July 1, 2004

James Carraway and Cinema Greenberg successfully obtained a defense verdict in a medical malpractice case.

Plaintiff suffered an intrauterine demise of her 33 week-old fetus and claimed that it was due to the gross negligence of her Ob/Gyn. In a prior successful full term pregnancy it was discovered that plaintiff had a uterine malformation, ie, a uterine septum. Plaintiff contended that the malformation made the subject pregnancy an "At Risk" pregnancy, which required defendant to undertake certain precautions during the pregnancy. During the 20-week sonogram of plaintiff it was discovered that the placenta was attached to the septum. Plaintiff contended that defendant should have performed serial sonograms every 1-2 weeks to monitor the growth of the fetus and to prevent a spontaneous abortion. Defendant contended that plaintiff had previously delivered a full-term 8 lb. boy without complications and that allowed her to treat the second pregnancy as a normal pregnancy. In a normal pregnancy, serial sonograms are not required and defendant's actions were appropriate.

The trial lasted for nine days and the jury deliberated for eight hours before returning a 8-0 in favor of the defense.