Alleged Failure To Properly Perform Removal of Neuroma on Foot (New York)
In this medical malpractice case, the female plaintiff contended that the defendant podiatrist negligently failed to properly diagnose and treat a lump in her foot. The plaintiff also maintained that the defendant failed to perform an MRI prior to surgery, resulting in the defendant allegedly failing to completely excise the mass during the surgical removal of the neuroma.
As a result of the defendant's negligence, the plaintiff contended that she was forced to undergo two subsequent remedial surgical procedures to her foot in order to remove the remainder of the mass and correct and/or repair nerve damage allegedly caused by the initial surgery. The defendant contended that he performed the surgical excision of the mass appropriately and properly and that he had complied with the standard of care in all aspects of the procedure.
The evidence revealed that the female plaintiff was a nurse in her early 50's at the time of the surgery. The evidence indicated that the plaintiff had been treating with the defendant podiatrist for approximately four months prior to the surgery for a mass that was found in her right foot. The plaintiff was diagnosed with a neuroma in her foot requiring surgical excision that was performed on October 10, 2003. The plaintiff also maintained that prior to excision of the mass, the defendant failed to perform an MRI in order to properly determine the exact size and depth of the neuroma. As a result, the plaintiff contended that the defendant negligently left part of the neuroma in her foot during the surgery and that she ultimately required two additional surgeries to remove the remainder of the mass and repair nerve damage she allegedly sustained in the initial surgery. The plaintiff maintained that she missed some ten months of work due to her injuries. However, no lost wages claim was made.
The plaintiff related that she underwent a second surgical procedure in mid-2004 to remove the excess mass in her foot. The plaintiff then underwent a third surgery in 2005 to repair nerve damage allegedly sustained in the initial surgical excision of the mass. The plaintiff's expert podiatrist testified that the defendant departed from the standard of care in failing to perform a pre-surgical MRI to properly determine the size and position of the plaintiff's mass. In addition, the expert opined that the plaintiff's neurological injuries were causally related to the defendant's negligent performance of the procedure. The expert opined that the plaintiff suffered some permanency in that she is no longer able to stand for extended periods of time and/or apply complete pressure on her foot, as required in her nursing position.
The defendant introduced an expert podiatrist who opined that the defendant had, in fact, complied with the standards of care in performing the surgical excision of the plaintiff's neuroma. In addition, the defendant called a second expert podiatrist who opined that the plaintiff's injuries were not permanent and would resolve.
Result: The plaintiff made a pretrial demand of $75,000. The trial lasted three weeks with deliberations lasting approximately two hours. The jury returned with a 5-1 verdict awarding the plaintiff $300,000 for past pain and suffering and $ 50,000 for future pain and suffering for a total award of $450,000.
Plaintiff's Expert: John Mancuso, DPM, NY, NY
Defendant's Experts: Edwin Wolf, DPM, Michael Trepal, DPM, NY, NY
Source: New York Jury Verdict Review & Analysis, Volume 24, Issue 12
The evidence revealed that the female plaintiff was a nurse in her early 50's at the time of the surgery. The evidence indicated that the plaintiff had been treating with the defendant podiatrist for approximately four months prior to the surgery for a mass that was found in her right foot. The plaintiff was diagnosed with a neuroma in her foot requiring surgical excision that was performed on October 10, 2003. The plaintiff also maintained that prior to excision of the mass, the defendant failed to perform an MRI in order to properly determine the exact size and depth of the neuroma. As a result, the plaintiff contended that the defendant negligently left part of the neuroma in her foot during the surgery and that she ultimately required two additional surgeries to remove the remainder of the mass and repair nerve damage she allegedly sustained in the initial surgery. The plaintiff maintained that she missed some ten months of work due to her injuries. However, no lost wages claim was made.
The plaintiff related that she underwent a second surgical procedure in mid-2004 to remove the excess mass in her foot. The plaintiff then underwent a third surgery in 2005 to repair nerve damage allegedly sustained in the initial surgical excision of the mass. The plaintiff's expert podiatrist testified that the defendant departed from the standard of care in failing to perform a pre-surgical MRI to properly determine the size and position of the plaintiff's mass. In addition, the expert opined that the plaintiff's neurological injuries were causally related to the defendant's negligent performance of the procedure. The expert opined that the plaintiff suffered some permanency in that she is no longer able to stand for extended periods of time and/or apply complete pressure on her foot, as required in her nursing position.
The defendant introduced an expert podiatrist who opined that the defendant had, in fact, complied with the standards of care in performing the surgical excision of the plaintiff's neuroma. In addition, the defendant called a second expert podiatrist who opined that the plaintiff's injuries were not permanent and would resolve.
Result: The plaintiff made a pretrial demand of $75,000. The trial lasted three weeks with deliberations lasting approximately two hours. The jury returned with a 5-1 verdict awarding the plaintiff $300,000 for past pain and suffering and $ 50,000 for future pain and suffering for a total award of $450,000.
Plaintiff's Expert: John Mancuso, DPM, NY, NY
Defendant's Experts: Edwin Wolf, DPM, Michael Trepal, DPM, NY, NY
Source: New York Jury Verdict Review & Analysis, Volume 24, Issue 12
