A Pennsylvania medical malpractice jury recently returned its verdict in favor of the plaintiff in the amount of $2.39 million after a seven-day trial and three hours of jury deliberations. The twelve-person Pennsylvania medical malpractice jury awarded the woman $800,000 for her past non-economic losses, $500,000 for her future non-economic losses, approximately $791,000 for her future medical and other expenses, and the jury also awarded her husband $300,000 for his loss of spousal services and loss of society and consortium. The plaintiffs’ pretrial settlement demand reportedly was $850,000.
The woman had left knee replacement surgery in the early 1990s. She suffered a fall in March 2012 and it was determined at that time that she needed revision surgery to replace her left knee. The revision surgery that occurred in April 2012 was deemed a success.
While recuperating in the hospital from her surgery, the woman fell from her bed two days after her surgery and landed on her left knee. When she was transferred to a rehabilitation facility the following day, she allegedly complained to the defendant nurse at the hospital that she heard a clicking noise from her left knee when she moved her left leg, and that her pain was worsening. However, the defendant nurse evidently did not document the woman’s complaints in the woman’s medical records.
On the fourth day at the rehabilitation facility, the physical therapy assistant, who was providing PT services to the woman, heard the clicking emanating from her left knee and referred the woman for an x-ray of her left knee, which showed that she had suffered an avulsion fracture. A second surgery on the woman’s left knee was unsuccessful, resulting in her acquiring MRSA that made her ineligible for further surgery. As a result, the woman became completely disabled and was confined to a wheelchair most of the time.
The plaintiff’s Pennsylvania medical malpractice lawsuit alleged that the plaintiff’s left knee was fractured as a result of her fall in the defendant hospital, or that her fall weakened her left knee and made her more susceptible to injury. The plaintiff alleged that the defendant hospital had negligently failed to properly train its staff in reducing the risk of falls for hospitalized patients. The plaintiff further contended that had the defendant nurse properly documented the plaintiff’s left knee clicking and pain in her left knee, her physical therapy would have been stopped, which would have resulted in her left knee properly healing without the need for further surgery.
If you or a loved one were injured (or worse) due to medical negligence that occurred in a Pennsylvania hospital or in a hospital in another U.S. state, you should promptly seek the legal advice of a local medical malpractice attorney in Pennsylvania or in your U.S. state who may investigate your hospital medical negligence claim for you and represent you in a hospital medical malpractice case, if appropriate.
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