If at first you don't succeed, try, try again. An appeals court offers the chance to have a case reviewed, allowing another chance for justice to succeed. Recently, a Pennsylvania woman was given another chance to plead her medical malpractice case in appeals court.
The woman had brought a case against her gynecological surgeon, alleging medical malpractice when her bowel was cut during a hysterectomy. Her surgeon became aware that the bowel had been cut when he smelled fecal matter during the surgery. He consulted a general surgeon, who repaired the bowel. The bowel had been cut nearly in half, and recovery forced the woman to have to wear a colostomy bag for a short time.
Initially, the defendants won the case, using risk and complications evidence to sway the jury. Under appeal, the Superior Court found that the risks and complications evidence was not admissible and had unnecessarily affected the outcome of the case. The woman argued that the surgeon failed to meet his duty of care when he did not identify the bowel before cutting it. She will be able to bring the case to trial to be heard again without the now-prohibited evidence being used, giving her another chance to plead her case.
The Pennsylvania court system can be daunting, and there is no need to face it alone. Navigating the details of a court case and appeal is a process that can more successfully be guided by a lawyer who is familiar with the specific area of law involved. People who experience medical malpractice may wish to seek the aid of an attorney in order to pursue a successful outcome for their medical malpractice case.
Source: pennrecord.com, "Woman whose bowel was cut nearly in half during hysterectomy to get new trial, appeals court rules", Melissa Busch, May 15, 2017