Pretzel & Stouffer Attorneys Obtain Defense Verdict for Orthopedic Surgeon Against Delay of Surgery Claim
Timothy Weaver and Michael A. Barry recently obtained a defense jury verdict in a medical malpractice case in which the plaintiff, who was a dentist, claimed that the defendant orthopedic surgeon negligently delayed spine surgery by one day for an acute, repeat low back disc herniation in order to suit the defendant’s surgical schedule.
The plaintiff claimed that this delay caused permanent foot paralysis (drop foot), gait abnormalities, and related hip pain. Tim and Mike successfully argued that the delay was justified to permit additional conservative treatment with steroids. In addition, they argued that the outcome would have been the same had the surgery been performed earlier. Plaintiff asked the jury for $3,284,329.