John Penhallegon Received Defense Verdict in Medical Malpractice Case

IADC Board Member John R. Penhallegon and his co-counsel Roxanne Ward on June 29 received a defense verdict in a medical malpractice case pending in the Circuit Court of Maryland for Harford County. The plaintiff underwent a laser prostatectomy by the defendant urologist to address urinary retention and bladder emptying difficulties. A laser prostatectomy involves the vaporization of prostatic tissue via a laser introduced through a cystoscope. In performing the procedure the standard of care requires that the urologist identify an anatomical landmark known as the verumontanum to avoid vaporization of that landmark and the external urinary sphincter. Subsequent to the procedure the plaintiff experienced significant stress incontinence, requiring the use of 6-8 protective pads daily. Ultimately he required surgical placement of an artificial external urinary sphincter device. Plaintiff alleged that the defendant negligently injured the verumontanum during surgery and failed to obtain the patient's informed consent. The jury returned a verdict in favor of the defendant on both the alleged surgical breach and the informed consent claim.