November 28, 2001
A Scott County man broke his leg when his tractor rolled over him, and a Louisville orthopedist set the fracture with a closed reduction. As the leg healed, however, it did so with a deformity, and the Plaintiff asked for $177,000 dollars in damages, alleging that the doctor should have performed an open reduction, setting the fracture with an IM nail. The doctor, represented by Donald Brown, counter-argued that the treatment was proper and that the Plaintiff’s suggested procedure represented just another alternative within the spectrum of appropriate care. The Jefferson County jury agreed, awarding the Plaintiff no damages.