Patrick Stockalper successfully defends general surgeon for operating on a patient to remove a gallbladder even though the gallbladder had previously been removed

The plaintiff underwent gallbladder surgery many years before her planned gallbladder surgery with the defendant. The plaintiff presented to the defendant with signs and symptoms of an infected gallbladder. Accordingly, she underwent surgery to remove her gallbladder. Upon entering the abdomen, it was apparent that no gallbladder was present and the surgery was aborted. Plaintiff contended that the defendant should have known her gallbladder had been removed prior to operating to purportedly remove her gallbladder and that a reasonably careful workup would have revealed that her gallbladder had previously been removed. Notwithstanding claims of medical negligence and battery, a jury found 12-0 in favor of the defendant.