April 1, 2009
Gerald Toner was successful in defending an orthopedic surgeon in Ohio County Circuit Court. Plaintiff alleged the orthopedic surgeon was negligent when setting a compound leg fracture without irrigating and debriding the small puncture wounds created by bone fragments penetrating the skin. Plaintiff’s orthopedic expert testified during his proof deposition that all compound fractures required irrigation and debridement. However, this testimony was read to the jury in lieu of live trial testimony.
Toner defended the case by offering evidence to the jury that the orthopedic surgeon properly used his discretion in determining that irrigation and debridement was not appropriate, and plaintiff suffered no injury as a result of acts or omissions of the surgeon. Defendant’s position was supported by a Bowling Green, Kentucky orthopedic surgeon experienced in treatment of compound fractures. The jury returned a unanimous defense verdict following three days of trial.