Stephen Toner Wins Defense Verdict In Medical Malpractice Trial
On January 22, 2016, following a two and one half week trial, Stephen Toner, won a defense verdict in a medical malpractice case in Westchester County, Slade v. Kaul, Index No.: 62564/2012, The plaintiff suffered from Achalasia, a rare and incurable disease that obstructed her ability to swallow. Our client, Dr. Kaul, performed laparoscopic surgery to release the muscle contracture in the plaintiff’s esophagus to allow her to swallow normally. During the course of the surgery, an abdominal nerve was inadvertently severed. The plaintiff claimed that Dr. Kaul had negligently performed the surgery and that she suffered permanent severe constipation as a result of the nerve damage caused by Dr. Kaul’s negligence. Mr. Toner argued that Dr. Kaul was not negligent, and that the injury was a potential risk of the surgery. The jury returned a verdict for the defendant and found that no medical malpractice had been committed.