John Coghlan obtained a defense verdict for an orthopedic surgeon in Jefferson County where Plaintiff claimed his fractured wrist was negligently repaired by John’s doctor client who used and removed an external fixator.
Approximately 6-weeks after the surgeon repaired the fracture, he chose to remove the external fixator because the bones were in acceptable alignment, and it was unwise to leave the external fixator on for more than 6 weeks. He prescribed the plaintiff a splint. Plaintiff ultimately established care with a second orthopedic surgeon who ultimately diagnosed a malunion and performed a corrective osteotomy. Plaintiff alleged that as a result of the surgery on his left wrist, he was unable to return to his occupation as a heavy demolition laborer.
At trial, both John’s client, and his expert, testified that the removal of the external fixator at 6-weeks was appropriate and within accepted standards of care. John’s client and expert also testified that the need for additional surgery was driven not by the timing of the removal of the external fixator, but by the serious nature of the initial fracture. After deliberating for approximately 40 minutes, the jury returned a unanimous defense verdict for John and his client.
