by Joe Quirk | Nov 4, 2024 | Delaware County, Medical Malpractice, Successes
A defense verdict was recently successfully obtained by Partners Tracie A. Vizza and Lisa Peters, in Delaware County. An Orthopedic surgeon, who specializes in hips was sued on claims that he failed to appropriately diagnose the patient’s condition and, as a result, recommended and performed two unnecessary hip surgeries. The patient had complaints of pain which appeared to include both her hip and her spine. Plaintiff’s argument was that the spine was the source of her pain, and not her hip, and therefore she did not need any hip surgery. The orthopedic surgeon testified in detail about the meticulous work up he performed, and the tests and studies he ordered in order to determine the source of the patient’s pain. It was only after multiple visits, many films, including x rays and MRIs, consultations with other physicians, and various injections that the orthopedic surgeon determined that hip osteoarthritis was the cause of the patients agony. Thereafter he performed a total hip replacement. Unfortunately, the prosthesis did not adhere properly and a revision surgery was successfully performed. The Delaware County jury found that the surgeon was not negligent and found in his favor.
by Mark Bauman | Feb 17, 2016 | Delaware County, Medical Malpractice, Successes
Heather Hansen recently obtained a defense verdict on behalf of an internal medicine physician in Delaware County. In the case, the plaintiff presented to the emergency department of a local hospital and was admitted for treatment of a suspected urinary tract infection. Plaintiff claimed that she advised the hospital and the internal medicine physician that she took the medication Ativan at home, but that they failed to provide this medication during her hospitalization. On her fourth hospital day, the plaintiff suffered a seizure and was later found to have compression fractures of the superior endplates of her thoracic vertebrae at multiple levels. Plaintiff alleged that the internal medicine physician and the hospital were negligent by failing to perform a complete medication reconciliation which led to a failure to prescribe Ativan and caused her to suffer a withdrawal seizure. The defense presented evidence that appropriate medication reconciliation was performed by the internal medicine physician and that there were a number of other potential causes for plaintiff’s seizure. After an eight day trial and brief deliberation, the jury returned a verdict of no negligence against the internal medicine physician.
by Mark Bauman | Feb 19, 2015 | Delaware County, Medical Malpractice, Successes
Heather Hansen and Paul E. Peel recently obtained a defense verdict in favor of an orthopedic surgeon in a medical malpractice action in Delaware County.
Plaintiffs’ allegations of negligence related to the care rendered following the performance of a total knee arthroplasty performed by the defendant physician. Plaintiffs claimed that the defendant failed to utilize appropriate infection prophylaxis and failed to administer post-operative antibiotics, which ultimately led to the development of infection. Plaintiffs alleged that the defendant physician deviated from the standard of care by failing to timely recognize and treat the infection.
The defense maintained that the plaintiff did not exhibit any signs or symptoms indicative of infection following the surgery, through the time that the plaintiff was treating with the defendant physician.
After a five day trial and a brief deliberation, the jury returned a verdict in favor of the orthopedic surgeon.
by Mark Bauman | Aug 20, 2012 | Delaware County, Medical Malpractice, Successes
Dan Ryan obtained a defense verdict for an orthopedic surgeon in Delaware County. The plaintiff underwent a total right knee replacement in 1997, by the orthopedic surgeon. The plaintiff did very well with her knee implant for a period of almost five years. In 2002, the plaintiff began to experience right knee pain and it was found that the right knee implant had loosened. As a result, the plaintiff underwent a second knee replacement surgery to the right side. The plaintiff claimed that this loosening was caused by the way that the knee was aligned during the 1997 surgery, and also because the knee prosthesis used was too large. The defense maintained that the 1997 surgery exceeded the standard of care and that the loosening of the knee implant was not caused, in any way, by the technique used in the previous surgery. Following a two day trial and thirty minutes of deliberation, the jury agreed, and found that Mr. Ryan’s client was not negligent.
