Professional Negligence Law Reporter

Rosa McNeal, 67, underwent an outpatient laparoscopic cholecystectomy performed by general surgeon Aaron Thompson. She developed sepsis three days later and was admitted to a hospital intensive care unit. Subsequent surgery revealed that a surgical clip was obstructing McNeal’s hepatic duct and that her liver duct was open and draining into her abdomen. Despite the surgery, McNeal died. She is survived by her husband and four adult children.

McNeal’s family sued Thompson and his practice, alleging the surgeon failed to properly identify McNeal’s anatomy during the laparoscopic procedure and failed to protect her bile duct before making an incision. Thompson should have followed the Critical View of Safety technique to identify the cystic duct and cystic artery during the laparoscopy, the plaintiffs asserted. Suit did not claim lost income.

The defense argued that McNeal had failed to follow instructions and that Thompson’s technique was consistent with the standard of care.
The jury found for the plaintiffs on liability after a bifurcated trial. The parties then settled for an undisclosed amount.

Citation: McNeal v. Catawba Surgical Assocs., No. 17-CVS-2480 (N.C. Super. Ct. Catawba Cty. Mar. 11, 2020).

Plaintiff counsel: AAJ member Randall Phillips, Charlotte, N.C.

Plaintiff expert: Paul Starker, general surgery, Summit, N.J.