Martin, Meliski Trial Win
After a two week trial in the Superior Court of Fulton County ending on October 2, 2009, OGEJS partner Rolfe Martin and associate Mark Meliski were successful in defending a radiologist and obtaining a defense verdict in a medical malpractice case.
The case involved a bariatric surgery patient who underwent a CT scan within 36 hours after surgery which revealed free gas and fluid reported to be residual carbon dioxide and irrigation fluid from the recent laparscopic procedure. Plaintiff alleged the findings were indicative of an undiagnosed bowel perforation and claimed that the radiologist should have suspected a leak. Using medical literature to impeach Plaintiff's experts and relying upon a nationally recognized expert in the field of post bariatric surgery imaging, who had literally written the book on abdominal CT scan interpretation, the defense was able to counter the allegations and show them to be without merit.
The claimed damages included $2,000,000 in medical expenses, pain and suffering due to a two month stay in the intensive care unit and seven subsequent surgeries, and an inability to return to work. After deliberating for four and one half hours, the jury returned a defense verdict on behalf of the radiologist represented by Mr. Martin and Mr. Meliski as well as two surgeons also involved in the case.