Ellen Fischer wins motion dismissing complaint against Orange County surgeon and hospital
Ellen Fischer successfully won a summary judgment motion dismissing a complaint against an Orange County surgeon and hospital. The plaintiff claimed that the surgeon negligently caused a bile leak during a laparoscopic cholecystectomy, and failed to timely diagnose the bile leak post-operatively. FKC&S submitted expert proof that the bile leak was an accepted risk of the procedure; that the surgeon advised the plaintiff of the reasonably foreseeable risks, benefits, and alternatives to the procedure and that a reasonable person in plaintiff’s position would not have declined to undergo the procedure if so advised. The Court dismissed the case against both of our clients.