June 04, 2007 : Weber Gallagher Attorneys Obtain Defense Verdict in Medical Malpractice Case
On June 1, 2007, after a three-day jury trial in and two hours of jury deliberation, Philadelphia-based partner Andrew K. Worek obtained a defense verdict in a medical malpractice matter tried before the Hon. Charles B. Burr, II in the Court of Common Pleas, Delaware County.
Mr. Worek and associate Lisa A. Swiatek defended a family practice physician who was sued by a former patient for allegedly causing a delay in the diagnosis of the patient's prostate cancer. Specifically, the plaintiff asserted that the doctor failed to perform a PSA test in a timely manner. The patient had presented with vague symptoms of urinary frequency. The defense demonstrated that the doctor adequately assessed the 48-year-old plaintiff's complaints by performing a digital rectal exam, supplying him with a 28-day supply of Flomax to help control his relatively common symptoms, and instructing the plaintiff to return in one month if his symptoms did not improve. The plaintiff failed to follow his physician's advice and did not return for 13 months, despite the fact that his symptoms recurred and worsened during that period. The jury concluded that the physician was not negligent and returned a verdict in his favor.
File Under: Results, Medical Professional Liability, Andrew K. Worek