01/16/2015    Jury Verdict Research

Alleged Malpractice - NY

Facts: Adult female Lois Kelley reportedly
developed an infection, cellulitis, avascular
necrosis and osteomyelitis of her right first toe,
after she underwent surgery for bilateral bunions
performed by defendant podiatrist.

The plaintiff claimed the defendant violated the
standard of care by failing to adequately care for
and timely treat plaintiff; failing to properly
diagnose her condition; failing to perform proper
and indicated procedures and diagnostic testing,
failing to adequately monitor her; failing to
correctly perform the necessary and indicated
procedures; failing to perform diagnostic tests to
evaluate the plaintiff's vascular status; and
failing to provide prophylactic antibiotics pre-
operative, operatively and post-operatively.

The plaintiff also contended that the defendants
failed to inform her as to the exact nature and
extent of her condition, and failed to inform her
of the risks, complications, consequences and
dangers of the care, treatment and procedures they
undertook to perform.

The defendants denied violating the standard of
care, and claimed that the plaintiff's alleged
injuries were caused by her long-term history of
smoking, her failure to comply with post-operative
instructions regarding activity restrictions, and
her failure to undergo physical therapy. The jury
returned a verdict for the defendant.

Result: Defendant's Verdict

Defendant's Expert Witness: Paul Greenberg, DPM,
NY, NY

Source: Jury Verdict Research

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