July 13, 2007

Clay Edwards and Mark Hammond were successful in defending two Evansville podiatrists in this medical malpractice action in Vanderburgh Co., IN. Plaintiff maintained that the two podiatrists had negligently recommended and performed plantar fasciotomy procedures on both feet without implementing sufficient conservative care prior to surgery. Prior to trial, a medical review panel unanimously found that both podiatrists breached the standard of care. Plaintiff’s medical proof at trial consisted of four separate standard of care experts, all critical of the Defendants. Those four experts included two members of the medical review panel, the former head of the Indiana State Podiatry Association, and a local subsequent treating podiatrist. Plaintiff sought damages of $1.5 million. Edwards and Hammond defended by submitting medical proof from two separate podiatrists, who disagreed with Plaintiff’s experts and opined that the surgeries at issue were appropriate given Plaintiff’s debilitating pain. An orthopedic surgeon also testified that the care provided by the Defendants was appropriate, and that Plaintiff’s current problems were related to a psychological condition known as somatoform pain disorder, and not foot or ankle injuries. Finally, the defense attacked inconsistencies in Plaintiff’s disability claim by noting alternative causes of Plaintiff’s inability to work and function. The jury agreed with the Defendants and unanimously found in their favor.