Verdicts, Settlements and Judgments

Trial Advocate

Craig A. Sargent  

Court

La Plata County District Court

Case Type

Medical Malpractice

Client

Orthopedic Surgeon

Issues

Craig represented an orthopedic surgeon who was called into the emergency department to assume care for a patient who had shot himself in the knee while riding a horse.  The physician performed emergency surgery and was successful in obtaining alignment and debriding the wound.  After three days, the patient was ready for discharge and was sent home.  One week later the patient returned to the hospital and was found to have a systemic infection known as toxic shock syndrome.  The physicians at that time then amputated the Plaintiff’s leg in an effort to stop the advancement of the systemic infection.  The Plaintiff then brought a lawsuit alleging that the orthopedic surgeon was negligent in his initial care and treatment of the Plaintiff and was negligent in initially performing the surgery by failing to properly clean out and debride the wound.  It was discovered during the course of discovery and then presented at trial that the Plaintiff had actually removed the protective bandage around his leg on two occasions during the week following his discharge from the hospital, despite instructions to the contrary by the orthopedic surgery.  It was this conduct by the Plaintiff that allowed for the wound to become infected.  After a two-week jury trial, the jury returned a verdict in favor of the Defendant orthopedic surgeon and against the Plaintiff.