On March 30, 2022, Steve Rubin, assisted by Partner Christina Papadopoulos and Associate Kerrianne Russo, secured a defense verdict in Nassau Supreme on behalf of our client orthopedic surgeon.
28 years old at the time of the alleged malpractice, the plaintiff presented to our client orthopedist with a severely comminuted calcaneal fracture following a 12-foot fall from a ladder. Plaintiff’s counsel and their expert, an orthopedic trauma specialist at Yale New Haven Hospital, argued that the doctor was negligent in failing to perform surgery and/or in failing to provide a referral for surgical fixation of the fracture. The plaintiff was subsequently diagnosed with a nonunion and subtalar arthritis and plaintiff’s expert testified that his injuries, including a significant limp, will be permanent and that he will require a fusion of the joint.
Our expert and client argued that the decision to recommend conservative, non-operative treatment of this fracture was well within proper orthopedic judgment. The jury agreed, unanimously finding that the doctor did not depart from good and accepted care.