Michael’s interventional radiologist client performed an ultrasound-guided biopsy of the decedent’s left thyroid without complication. Two weeks later, the decedent returned to undergo an ultrasound-guided biopsy of her right thyroid. Following the procedure, the decedent returned home without apparent complication. Later that evening, her boyfriend noticed swelling in her neck area which was greater than what she had experienced two weeks prior. Despite repeated pleas to seek medical attention, decedent refused. A few hours later, the decedent was found not breathing and unresponsive and later passed away. Decedent’s estate filed suit alleging that decedent’s death was the result of Defendant-physician’s negligence. Moreover, despite Defendant-physician’s discharge instructions that he immediately be informed of any excessive swelling in the neck, Defendant-physician did not learn of the events until being served with a lawsuit.
This four-day trial, in Schuylkill County, involved, among other things, application of the Supreme Court’s 2019 Decision of Mitchell v. Shikora, 209 A.3d 307 (Pa. 2019) as Plaintiff attempted to not only exclude any evidence of informed consent, but also the well-known risks and complications of the procedure. A defense verdict was awarded shortly after the conclusion of Michael’s closing argument.