A Texas jury has ordered a general surgeon to pay more than $4 million in damages to a patient who suffered a perforated bowel and related infections after laparoscopic surgery.

William Orton Jr. accused surgeons Eddy Ponce de Leon, MD, and Guillermo Ponce de Leon, MD, of puncturing his bowel during the procedure to treat an intestinal stricture, which caused an abscess to form in his stomach. According to West's Jury Verdicts, Mr. Orton claimed the doctors failed to properly diagnose and treat the abscess, and he developed a severe infection and recurrent abdominal abscesses that didn't respond to treatment over a 10-month period.

In the suit, Mr. Orton also accused the physicians of failing to obtain his informed consent, as their claims that he'd be in the hospital for 3 to 4 days and back to work in a couple weeks proved to be false. He also argued that the physicians didn't properly treat his intestinal stricture during the procedure and failed to properly evaluate and assess his condition after it.

Mr. Orton sued both surgeons, as well as Sugar Land Surgical Hospital, where the procedure was performed, and Southwest Surgical Associates LLP. Only the plaintiff's claims against Dr. Guillermo Ponce de Leon and Southwest Surgical proceeded to a jury trial. The surgeon and surgical group answered Mr. Orton's claims by asserting a general denial of the charges and arguing that the patient's injuries resulted from a pre-existing condition, were unavoidable and not the result of negligence, and that Mr. Orton failed to use ordinary care, according to West's report.

In September 2009, the jury sided with Mr. Orton, finding Dr. Guillermo Ponce de Leon negligent. They awarded the plaintiff a combined $4.04 million in damages from Dr. Ponce de Leon for past and future physician pain and mental anguish, past and future physical impairment and past medical expenses.

Dr. Ponce de Leon's office said he had no comment on the verdict.

Irene Tsikitas

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