Trial Win for Adam H. Cooper in Defense of Orthopaedic Surgeon, Medical Practice
By: Carter Conboy
Adam H. Cooper successfully defended his clients, a Troy-area orthopaedic surgeon and his Capital District medical practice, in a medical malpractice trial in Rensselaer County Supreme Court before the Honorable Patrick J. McGrath.
Mr. Cooper’s client, an experienced orthopaedic surgeon, was sued for negligence and malpractice by a plaintiff who underwent an anterior cervical discectomy and fusion of the C5-6 cervical disk on her back in 2009. Specifically, the plaintiff claimed that the defendant physician performed the discectomy at the incorrect level and failed to perform necessary surgery at the C6-7 level.
Mr. Cooper argued that his client’s performance of plaintiff’s surgical procedure on her C5-6 disc was medically indicated and necessary given the plaintiff’s complaints, clinical presentation, physical examination and radiology findings, and argued that the surgical procedure was successful given the plaintiff’s improvement thereafter. Additionally, Mr. Cooper argued that although the plaintiff had an earlier radiology study showing a right paracentral disc protrusion at C6-7, that the protrusion had shrunk to such a small size that it was no longer causing nerve compression by the time the 2009 surgery occurred and, therefore, surgery at the C6-7 level was not indicated at that time. Mr. Cooper produced expert medical witnesses in radiology and neurosurgery who testified consistently with this defense.
At the conclusion of trial, the jury returned a verdict of No Cause on behalf of Mr. Cooper’s clients, finding that the plaintiff did not present any proof that the defendant physician departed from accepted standards of medical care in his treatment of the plaintiff and, therefore, there was no negligence or medical malpractice committed by the defendant physician or his medical practice.
Adam H. Cooper is a partner and litigator at the law firm of Carter Conboy in Albany. He practices in the fields of medical malpractice defense, product liability, professional liability, food law, personal liability, premises liability, and appellate law. He represents hospitals, physicians, dentists, healthcare professionals, nursing homes and assisted living facilities, as well as pharmacies, commercial retailers, and industrial manufacturers. Mr. Cooper is an AV® Preeminent™ rated attorney and is the current President of the Federation of Bar Associations and President of the Defense Research Institute of Northeastern, New York.
About Carter Conboy: Carter Conboy was founded in 1920 and has law offices in Albany and Saratoga Springs, New York. The firm serves clients in upstate New York, Connecticut, Massachusetts and New Jersey. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or firstname.lastname@example.org.