May 27, 2015

Christopher O’Bryan and Donald Brown successfully defended an orthopedic surgeon against allegations of medical malpractice in Fayette Circuit Court.  Plaintiffs alleged that Defendant failed to diagnose a septic hip in a juvenile that was caused by a community acquired methicillin resistant staphylococcus aureus (MRSA) infection and negligently discharged her from the emergency room.  The patient ultimately returned to a different emergency room three days later in septic shock, which culminated in her death.  Brown and O’Bryan countered by establishing that the surgeon correctly ruled out the presence of a septic hip through a physical examination that complied with the standard of care.  Additionally, the hospital laboratory failed to communicate a critical laboratory value that was obtained after the patient’s discharge but prior to her death.  The defense argued that the patient would have been asked to return to the hospital in time to institute antibiotic therapy had this critical laboratory value been properly communicated.  Upon considering the matter, the jury agreed that Defendants acted appropriately and entered defense verdicts finding no fault against them.