January 25, 2007

In this medical malpractice action, an Owensboro orthopedic surgeon correctly performed an open reduction with internal fixation of a broken right hip using a Synthes compression hip screw.  In August of 2004, the Plaintiff fell approximately 20 feet from a ladder while painting a house in the course and scope of his employment.  The surgeon successfully fixed the hip and discharged the patient with instruction to bear weight on his right hip as tolerated.  After his discharge, the Plaintiff suffered sciatic nerve damage in his right leg.  The defense responded by stating that the orthopedic surgeon’s discharge order was appropriate.  The Daviess County jury agreed with Gerald Toner and awarded the local surgeon a defense verdict.