Stability Trumps Discrepancy
Rissman attorneys Cliff Acord and Skylar Stewart obtained a defense verdict following a four-day medical malpractice jury trial in Manatee County.
The case involved two hip revision surgeries performed in 2018, one of which was a partial and the other a total arthroplasty. The crux of the plaintiff’s damages focused on a leg length discrepancy that resulted from the total arthroplasty. The plaintiff alleged that the physician failed to ensure he had the necessary materials for the surgeries, and failed to measure the plaintiff’s legs intraoperatively to ensure an acceptable leg length discrepancy.
The theme of the defense was “stability trumps leg length discrepancy.” During Rissman’s examination of the defendant physician, he explained the risk/benefit analysis and explained that the main goal of the surgeries was to give the plaintiff more stability in her left hip to ensure she no longer experienced a dislocation. He also explained that due to the plaintiff’s extensive history of hip surgeries, she was a very complicated patient. The physician’s candor and explanation of the medicine played an instrumental role in educating the jury and explaining the risk/benefit analysis required by the standard of care.
While the plaintiff’s counsel attempted to play to the jury’s sympathies, the jury deliberated for less than an hour before returning a verdict in favor of the defense.
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