Latest News 2011 August Brain Surgeon Supports Conduct of Surgeon in Malpractice Suit

Brain Surgeon Supports Conduct of Surgeon in Malpractice Suit

A former Twin Cities chief neurosurgeon testified that the surgeon targeted in a medical malpractice case, was more thorough than even he is, in his neurosurgical examination of the patient that filed the suit against him, as reported by the Duluth News Tribune.

Testifying for the defense, Dr. M.L., formerly with a Twin Cities trauma center, has performed thousands of brain surgeries in a career that has spanned 27 years.  He has also reviewed thousands of CAT scans and MRIs.

Dr. M.L. told jurors that Dr. S.K.'s examination of the patient, A.M., shouldn't be criticized in his decision to do a brain biopsy.

A.M. was 74 years-old at the time the biopsy was performed in 2006.

Shawn Raiter, defense attorney for Dr. S.K., asked Dr. M.L. what his evaluation was of his client's treatment of the victim.  The witness answered, "Very detailed and beyond what I normally do. I thought it was very good."

The lawsuit, filed in 2010 by A.M., now 79, is against both Dr. S.K. and the St. Luke hospital for medical malpractice and negligence.

The incidents leading up to the lawsuit occurred as follows: A.M. entered the St. Luke emergency room on February 19, 2006 with chief complaints of weakness and left arm numbness - which led him to believe that he may be suffering from a stroke.

Doctors reports, coupled with Dr. S.K.'s examination of the patient, led to a diagnosis of a possible brain tumor.

A.M., operating a dairy farm at the time, claims in the suit that the subsequent brain biopsy caused a minor stroke - also known as an "infarct" - to develop into major hemorrhaging.

Dr. M.L. testified that a very low percentage - only 3 to 4 - of that type of surgical procedure can cause brain bleeding.

Raiter then asked Dr. M.L. if he felt that Dr. S.K. met the standards of care in this incident.  Dr. M.L. replied, "In my opinion, he was well within the standard of care with everything he did in that case."

Dr. M.L., now a private practitioner, was formerly the chief neurosurgeon at St. Paul's  Regions Hospital - a Level One regional trauma center with capabilities to serve its patients with the most advanced and comprehensive care currently available.

Dr. M.L. continued in his testimony to state that tumors and strokes frequently exhibit themselves in the same way - but in this case the CT scan, and MRI that it was followed up with, suggested that a tumor was present.  Information provided, said Dr. M.L., led Dr. S.K. to "reasonably believe(d) that it was a tumor."

The attorney for A.M., Richard Bosse, stated that both the surgeon and the hospital erred because the victim had indeed suffered a stroke.  Dr. M.L. responded, "I think in retrospect that is easy to say."

A.M. has to be transported from his nursing home to testify next.  He had to sign a waiver, because of his health, releasing others for any liability during his travel.  

Have you been hurt while under the care of a physician, hospital staff or facility?  Contact a medical malpractice attorney today to seek monetary compensation.

Categories: Medical Malpractice