The patient underwent laparoscopic weight loss surgery (also known as Lap Band), by our client surgeon. The patient quickly developed an incisional hernia from a laparoscopic incision that was intentionally not closed internally. The hernia then developed into a small bowel obstruction, requiring further surgery.
The patient pursued a weak claim of malpractice, but changed theories at trial to claim lack of informed consent. The patient also claimed that the surgeon had altered his records to cover up not informing the patient of the risk. The change of tactics was anticipated and effectively countered. The jury voted unanimously against the plaintiff on both theories and rendered a verdict in favor of the defendant surgeon.