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Foley & Mansfield Miami Attorneys Win Defense Verdict For Physician In Malpractice Trial
After deliberating for merely 45 minutes, on November 5, 2009, a
Miami jury returned a verdict in favor of Dr. Carlos M. DeCespedes, an
obstetrician/gynecologist, represented by Foley & Mansfield’s
Kevin O’Connor and
Beranton J. Whisenant, Jr.
O’Connor and Whisenant were retained only 90 days before trial.
Dr. DeCespedes was sued by a former patient who, while in labor in 2001, was
administered an epidural anesthetic and a Foley catheter to monitor the
patient’s fluid output and to protect her bladder. After giving birth, the
patient claimed the Foley catheter was not timely removed by Dr. DeCespedes
causing her to be incontinent for eight years. Her alleged severe urinary
incontinence caused her to wear diapers and force her to seek relief every 15 to
20 minutes a day. This pattern was continued during trial.
In her suit, the patient contended that Dr. DeCespedes breached the standard of
care, causing her severe and permanent injury, because she claimed that the
Foley catheter should have been removed prior to the crowning of the newborn.
According to O’Connor and Whisenant, the patient’s expert witness did not have
any recognized medical literature to support this contention.
O’Connor and Whisenant called nationally recognized urogynecologist Dr. Jamie
Sepulveda, who was added as a witness after O’Connor and Whisenant were retained
on the case, to opine on the proper standard of care as to when the Foley
catheter should be removed and that Dr. DeCespedes did not breach it.
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