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The Impact of Obesity

By Michael Brophy
March 30, 2005

Medical malpractice cases often reflect a series of events unique to one patient, independent of broader health care issues or a larger patient population. On occasion, however, the medico-legal issues of a single case may reflect an overarching social phenomenon, requiring counsel and the courts to address both factors if a just result is to be achieved.

Several years ago, I represented a local community hospital that had been sued for an alleged surgical misadventure involving another defendant, Dr. “Virginia Thompson,” the attending surgeon on the case. Dr. Thompson was a respected, caring practitioner, as comfortable counseling patients in her office as she was instructing medical students at several local hospitals over a career that began more than 20 years before our first meeting. As a Board-certified specialist in Obstetrics and Gynecology, Dr. Thompson was also no stranger to litigation, and we first met at her deposition.

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