Eugene Shabinaw and Vesna Shabinaw v. Charles A. Brown, M.D.

Medical malpractice - In 1968 Mr. Shabinaw had a total colectomy performed and an ileostomy inserted at the University of Michigan. In December 1983, Mr. Shabinaw began experiencing server abdominal cramps and noticed that his ileostomy was not functioning properly. The following morning Mr. Shabinaw went to see his regular physician, Dr. Adams, who concluded that Mr. Shabinaw was suffering from an acute small bowel obstruction. Dr. Adams then called Dr. Brown, a local surgeon, because he believed Mr. Shabinaw's condition required immediate surgery. Several sever complications developed following the surgery. Because of these complications, Dr. Brown again operated on Mr. Shabinaw. Dr. Brown testifed that he anticipated several potential compications arising from the second operation. The complications Dr. Brown expected, although somewhat more sever, were essentially the same as those Mr. Shabinaw experienced after the first operation. The compications Mr. Shabinaw experienced after both the first and second operations included sepsis, fistulae, and various postoperative infections. Mr. Shabinaw also experienced renal failure and adult respiratory distress syndrome after the second operation. The Shabinaws filed suit against Dr. Brown, alleging medical malpractice in the performance of both operations. The Shabinaws moved to amend their complaint under I.R.C.P. to comport with the facts proven at trial. Specifically, they asked leave to allege Dr. Brown violated his duty to obtain informed consent from Mr. Shabinaw before both the December and February operations.

Defendant's verdict.

Dr. William Marineau, Spokane, Washington, medical director of the Medical Services Corporation. Dr. Bates, Spokane, Washington, general surgeon. Dr. Girvin, Spokane, Washington, general surgeon. Dr. Pace, Florida, retired professor emeritus of surgery.

Dr. Donald Adams, Mr. Shabinaw's family physician. Dr. Frank Fazzio, Boise, Idaho, physician. Dr. Howard Reber, Los Angeles, general surgeon specializing in gastrointestinal disease.

Reversed by the Supreme Court of Idaho. Supreme court held that record did not indicate that clear weight of the edvidence was agianst the verdict or that a new trial would produce a different result. See: 963 P.2d 1184 (Idaho 1998) The date shown above is the date of the appellate court decision and not the trial date. Reported by kms, verdicts@morelaw.com