January 2010 News
Jury returns verdict in favor of Indianapolis orthopaedic surgeon represented by Eichhorn & Eichhorn, LLP
David Beach and Mallory Reider Inselberg successfully defended an Indianapolis orthopaedic spine surgeon in a medical malpractice case involving a patient who experienced complications after undergoing an anterior/posterior spinal fusion. A general surgeon, also a defendant in the case and represented by other counsel, performed the anterior exposure for the fusion. Postoperatively, the patient had drainage from her anterior wound. Upon recognizing the wound drainage, the orthopaedic surgeon referred the patient to the general surgeon for further treatment. The patient was ultimately diagnosed with an injury to her ureter, and eventually underwent removal of a kidney. Plaintiff contended that her drainage was urine leaking from her injured ureter. The defense argued that the ureter was properly inspected prior to the completion of surgery and no injury was identified. The defense also argued that wound drainage is not uncommon following this type of fusion, particularly in obese patients, and drainage alone was insufficient to suspect ureter injury, especially when it had been inspected intraoperatively. After six days of trial, the jury concluded that the orthopaedic spine surgeon did not commit medical malpractice, and returned a verdict in his favor. David can reached at the firm's Hammond office at (219) 931-0560 or dbeach@eichhorn-law.com. Mallory can be reached at the firm's Indianapolis office at (317)228-9670 or minselberg@eichhorn-law.com.