Mark Perry and Mary Montoro recently obtained a victory for an otolaryngologist in a Wrongful Death trial in Orange County, New York. The Decedent was a seventy year old man who arrived in the Emergency Department at 3:00 in the morning, complaining of a severe sore throat and inability to breathe. The otolaryngologist was called from home, arrived at the hospital within a half hour, and attempted to perform an emergency fiber optic procedure and ultimately a cricothyrotomy, which failed. The Decedent died on the operating room table after a full code was called. The Plaintiffs’ alleged that the ENT should have proceeded immediately to the cricothyrotomy, and that during the performance of the cricothyrotomy the ENT should not have attempted to switch from an endotracheal tube to a tracheostomy tube.
Mark and Mary successfully argued through the Defendant ENT and expert witnesses that the ENT met the standard of care, and that the doctor performed the appropriate sequence of procedures to gain access to the Decedent’s airway.