Benson & Bingham Receive over $900,000 in Malpractice Jury Verdict

Source: Internal Release

The Law firm of Benson & Bingham is proud to announce a Jury Verdict in the amount of $901,235.00 against David Kartzinel, MD, a board certified OB-GYN, in a medical malpractice lawsuit stemming from a November 2008 hysterectomy surgery that alleged lack of informed consent and follow up care. Plaintiff Tiffany Nash, 26-years-old, suffered a 3 month hospital stay when she approached the doctor for fibroid tumors causing her abdominal pain and bleeding. Rather than give the spectrum of treatment options, it was alleged and proven to the jury that other less intrusive options were available such as a myomectomy procedure or chemical options. After having the surgery, it was alleged that a bowel niche may have occurred or an appendicitis rupture as the infection was life threatening and growing. Elevated white blood cell counts, pain, nausea, diarrhea, vomiting, abdominal edema were all present while the Plaintiff lay helpless in Sunrise hospital for 3 weeks. After three CT Scans, failed antibiotics, declining hemodynamics, exploratory surgery was finally initiated. The delay caused a mass of infection and gangrene to set in inside the abdominal cavity.

The Plaintiff suffered 55 consecutive days in the hospital after re-admission, and left with a colostomy bag when the exploratory surgery required a bowel rescission to remove the necrotic bowel. The colostomy bag was later reversed 7 months after her infection was removed and treated. Joseph L. Benson II, Esq. and Pete J. Christiansen, Esq. co-chaired the jury trial with Mr. Christiansen leading the trial; Mr. Benson handled nearly 5 years of litigation discovery. Plaintiff will now seek fees and costs on the award.

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