March, 2016

Gerry Toner successfully defended an Elizabethtown, Kentucky orthopedic surgeon against allegations of medical malpractice in a recent jury trial in Hardin Circuit Court. Plaintiff alleged that the defendant physician failed to adequately inform the patient of all surgical options to repair a right tibial plateau fracture and failed to properly treat a post-operative infection after a successful repair of this fracture. Toner countered with proof that the informed consent process was proper and the extensive follow-up care, treatment of this infection, and subsequent referral to an infectious disease doctor in Louisville was appropriate and reasonable under the circumstances. This defense was supported by two board-certified orthopedic surgeons from Pensacola, Florida and Vanderbilt University in Nashville, Tennessee. The jury agreed that the orthopedic surgeon acted appropriately and returned a verdict in favor of the defendant physician.