D.C. Offutt, Jr., and Stephen S. Burchett successfully defended a Middlesboro, Kentucky obstetrician/gynecologist in a wrongful death suit filed by the patient’s estate in the Circuit Court of Bell County, Kentucky.  The plaintiff/patient alleged that the defendant physician was negligent by failing to diagnose her pregnancy resulting in the death of her unborn child.  The patient, a 28 year old female weighing over 400 lbs., sought treatment from the physician for complaints of pelvic pain and a vaginal discharge.  The patient denied any possibility of being pregnant during the exam and told the physician that it would be an immaculate conception if she was pregnant because she had not had sexual relations in over a year.  Relying on her statement, the obstetrician did not order a pregnancy test.  Approximately two weeks later, she gave birth to a 12 lb. stillborn infant.  Trial began on July 15, 2008.  The twelve person jury returned a unanimous defense verdict in under an hour following a four day trial. 

Circuit Court of Bell County, Kentucky

Civil Action No.: 05-CI-00348

Judge James L. Bowling, Jr.