Patrick (Woody) Harrison Personal Injury and Medical Malpractice Attorney Columbus, IN
Case Study # 1
Medical Malpractice
Background
In 2003, a patient with lower back pain sought treatment from a Doctor of Osteopathy, located in Bedford, IN. The man, who was a utility worker for the city of Mitchell, IN, had suffered with lower back pain for some time. The DO told him that an operation was needed to relieve a pinched nerve in his back. The procedure would fuse the L5, S1 vertebrae in his lower back, using a plate and four screws to hold the spine in place until the bones could properly fuse.
The surgery took place in July 2003. From the time the patient woke up, he was in excruciating pain—worse and different pain than before surgery. The doctor thought that the nerve might be swollen or there might be a hematoma (internal blood blister) present. The other possibility was that the screws were incorrectly positioned and were impinging on the nerve. The DO ordered a CT scan of the lower back.
The CT scan showed no hematoma or swelling. The DO testified that he and a radiologist looked at the results and did not see anything amiss. The patient continued to suffer severe pain, even ending up in the emergency room of the hospital on three separate occasions. Finally, five months after the surgery, the patient consulted a neurosurgeon who had another CT scan performed. The screws were touching the nerve, causing the severe and debilitating pain. The neurosurgeon operated to remove the offending screw.
In the months that followed, it became evident that permanent damage had been done due to the delay in the discovery of the screw impinging the nerve. Additional surgeries were necessary, and a pain pump was inserted to deliver morphine directly to the damaged area in the spine. The patient is on continual pain medication, and will likely be for the rest of his life.
Challenge
The client came to Medical Malpractice Attorney Woody Harrison soon after the second surgery to remove the screw. This was, in Woody’s view, a clear case of Physician Malpractice. Woody’s extensive knowledge of medical terminology and practices came into play as he reviewed all medical documents from treating doctors, reviewed the first set of CT scans that did show the screw on the nerve and built the Medical Malpractice case, which eventually went to trial in March 2008.
Results
The jury agreed that physician malpractice has taken place. The jury verdict for this case, which was tried in Lawrence County, was $648,000. The client also was awarded Social Security disability.
812.375.0911
With law offices in Columbus, IN (Bartholomew County), Patrick (Woody) Harrison represents clients in the communities of Columbus, Edinburgh, Indianapolis, Greenwood, Southport, Franklin, North Vernon, Seymour and throughout Indiana.
