In a case involving claims that our client, an Orthopedic Surgeon, was negligent in the performance of a total hip replacement, trial partner John Paterniti, assisted by partner Christina Papadopoulos and associate Kerrianne Russo, earned a unanimous defense verdict at trial in Queens County Supreme Court. Plaintiff alleged that as a result of improper surgical technique and by using incorrectly sized prosthetic components to complete a total hip replacement, our client created an almost 2-inch leg length discrepancy. It was also claimed that the physician failed to explain the risks of surgery and did not properly obtain informed consent for the procedure. The plaintiff asserted that the lengthening of the affected leg has caused her to have a permanent limp, requires her to use a walker and has prevented her from carrying out the normal activities that she did before surgery.
Through the use of x-rays and CT scans, and with the assistance of expert testimony from an accomplished hip surgeon, John was able to demonstrate that lengthening is a known risk of surgery and in this case some minimal lengthening was necessary to achieve a stable artificial joint that would not dislocate. By unanimous vote, the jury found no departures from the standard of care and also agreed with our position that the doctor obtained a proper informed consent.