In Virginia, a $1 million medical malpractice lawsuit has ended with a hung jury, rather than resolution.
The medical malpractice case involved an orthopedic surgeon and was filed in civil court. In October 2011 the woman involved needed to undergo surgery on her clavicle to repair damage done years before. The surgery was performed at the Orthopaedic and Spine Center by the ortohpedic surgeon. He also performed a carpal tunnel release on her. However, instead of improving her condition, the surgery left the woman with severe pain in her left collarbone. She says that the surgery also caused permanent injury to both her collarbone and her left shoulder, which is also disfigured.
In her lawsuit she had originally asked for $1 million but the amount was eventually reduced to $538,000 for the pain and suffering these injuries have caused her. The woman’s attorney made the argument that the doctor needs to take responsibility for any damage caused during surgery.
A witness for the defense testified that there was no problem with the doctor’s technique. The surgery did not go exactly as planned, but the doctor explained that this was because the woman had severe osteoporosis and because of the poor condition of her bones, he was unable to implant the six inch metal plate in her clavicle. Instead, he needed to use surgical sutures to stabilize the plate. The surgeon is also a part owner of the Orthopaedic and Spine Center.
When the woman complained of persistent pain at follow up visit, she was referred to a shoulder surgeon at the University of Virginia Medical Center in Charlottesville. This surgeon ended up removing all of the hardware that had been put in place.
Jurors deliberated for 11 hours during a two day period before announcing to the Culpeper County Circuit Court judge on Thursday evening that they were unable to reach a decision. The jury wrote a note to the Judge explaining that after hearing the evidence and deliberating, they were not any closer to reaching a decision and that the six members of the jury were still too far apart to see that happening.
The woman’s attorney made the argument that a doctor must be held accountable for any damage that is done that arises out of their actions and called the procedure that the doctor chose to perform “unreasonable.” Testimony was offered by anther doctor, who explained that there was a 100 percent chance of this clavicle surgery failing because of the circumstances. “The sutures acted like a cheese cutter and cut through her soft bones,” he said. “They created multiple fractures in her bones.”
However, the defense offered teh testimoney of a doctor from Duke University. This doctor had stated that he endorsed the procedure, was impressed by its execution, and that it has been proven to be effective even in instances of osteoporotic bones.
The jury did submit several clarifying questions to the court before announcing that they were deadlocked, but the judge responded that all the evidence was in, so answers to the jury’s questions could not be provided.
If you or a loved one have been injured by medical malpractice, contact a medical malpractice attorney to discuss your legal options.
