Gelimson v Rudberg
Jan 01, 2019OUTCOME: Directed verdict
Directed Verdict for a urologist in a wrongful death action, wherein it was claimed that the patient, a diabetic, deteriorated and died from the effects of septic shock five days after a prostate biops ... y. It was claimed the patient’s death was as a result of the failure to properly place the patient on antibiotics following the procedure and a failure to appreciate the significance of the patient’s fever after the biopsy. After the plaintiffs rested, having only elicited a sole hypothetical departure from their expert, a motion was made to dismiss. It was argued that the factual predicates raised by the hypothetical departure were proven false during the cross examination of the plaintiffs, and that proper proximate cause was not established. After oral argument, the Court reviewed the trial transcripts, and shortly thereafter dismissed the case, agreeing with every argument made by the defendant.
