ER Doctor Exonerated in Medical Malpractice Case
Obtained a unanimous defense verdict in Bucks County, Pennsylvania on behalf of an emergency department physician who allegedly failed to diagnose a severe fracture of the tibial plateau shortly after the plaintiff claimed to have been pushed into a swimming pool. The plaintiff ultimately went on to have a knee replacement. The defense approach was based on a lack of knee complaints to anyone in the emergency department, including the registration clerk, triage nurse, primary care nurse and our client. It did not help her cause that, two days after the incident, she and her husband went to Puerto Rico for 10 days. The plaintiff claimed that she believed all she had was a muscle strain as diagnosed by our client. The fracture diagnosis was made on her return home. The wrinkle in the case was that there was no evidence of any preceding accident to cause the fracture, and our orthopedic expert opined that the fracture had to have occurred two to three weeks before the pool incident. The defense responded that they did not know when the injury occurred, but they knew when it could not have occurred. The jury sided with the defense after short deliberations.