Defense Verdict Obtained in Medical Malpractice Case

Dustin J. Denning and Jacob E. Peterson successfully defended our client, an orthopedic surgeon, in a jury trial in which the plaintiff alleged that the doctor was negligent in diagnosing, recommending and performing an open reduction internal fixation (ORIF) of the plaintiff’s left ankle syndesmosis disruption because it was allegedly not indicated based upon the plaintiff’s history, physical exam or the x-rays.  The plaintiff also alleged that our client failed to timely respond to her post-surgical complaints of splint and cast tightness which allegedly resulted in a compression injury to her superficial peroneal nerve and saphenous nerve.  She alleged permanent injury, including numbness and tingling, to the lower leg, ankle and foot.  The plaintiff also alleged injury to her low back under the “altered gait” theory.  Plaintiff sought over $450,000.00 at trial.

We successfully argued that the doctor made an appropriate diagnosis and offered an appropriate surgery that the plaintiff elected to have in order to treat her chronic ankle pain.  We also successfully argued that the doctor timely responded to plaintiff’s complaints of splint/cast tightness, numbness and tingling.  Our foot/ankle surgeon expert opined that the plaintiff’s condition was that of a tension neuropathy that was caused when the syndesmosis disruption was reduced by our client.

After a five day jury trial, a Riley County, Kansas, jury returned a verdict in favor of our client after deliberating about 35 minutes.