MILLION DOLLAR PERSONAL
INJURY SETTLEMENT
$1,100,000.00 Settlement
Orthopedic
Medical Malpractice Case
This is a medical malpractice action arising from the Defendant's improper
performance of unnecessary and unwarranted surgeries on the left knee of the
Plaintiff. These surgeries destroyed the Plaintiff’s knee necessitating seven
additional major surgeries which ultimately resulted in a total knee
replacement.
The Plaintiff is a beautiful young African American Female who possesses an excellent
work history. Her resume includes twenty two years of military service.
The Plaintiff was originally injured in the course and scope of her
employment when she banged her knee on a desk.
Immediately following her injury the Plaintiff came under the care of her
primary physician and also treated under the auspices of the workers'
compensation physicians. Through that process, the Plaintiff was referred to and
orthopaedic surgeon "Dr. A" who performed an exploratory arthroscopy. Other than
some gentle debridement of the back of the kneecap, the Plaintiff's knee was in
architecturally excellent condition. Dr. A found no problems with the medial
meniscus, the medial femoral condyle, or the anterior cruciate ligament. Shortly
thereafter, the Plaintiff returned to her pre-injury job.
Upon returning to work the Plaintiff had some pain complaints. So she went to
the Defendant Orthopaedic Surgeon for a second opinion.
In July of 2000, the Defendant performed an exploratory arthroscopic surgery.
During that procedure the Defendant described the anterior cruciate ligament as
"present and patent." He describes the Plaintiff's medial femoral condyle as
"grossly within normal limits." His postoperative diagnosis is "nearly separated
hypermobile detached medical meniscus." In the audio portion of his surgical
video he states this is a diagnosis that he has "been trying to prove."
Pursuing his quest to prove his theory, the Defendant performed a second
operation in August 2000. During this operation, the Defendant detached a
perfectly healthy medial meniscus, pulled it tight, and then reattached it with
sutures. The Defendant used a series of instruments including laser, rasps, and
biters in the knee compartment. Pre-operatively, the Defendant continued to
report that "the anterior cruciate ligament appeared to be normal." The medial
femoral condyle was also normal as per the operative video and films.
In January 2001, the Defendant performed his third and final operation upon
the Plaintiff's left knee. In his own words he reports that he found a "torn,
fraying medial meniscus," an "osteochondral defect of [the] medial femoral
condyle," and an "incompetent anterior cruciate ligament." The Defendant is seen
on the surgical videotapes destroying the knee throughout this procedure.
The Plaintiff contended that the surgeries performed by the Defendant were
unnecessary; were based upon misdiagnoses; and were performed below the standard
of care for orthopedic surgeons.
Thereafter the Plaintiff required seven additional surgeries to fix the
injuries caused by the Defendant ultimately leading to a total knee replacement. |