Defense Verdict Secured for Hospital Client in Medical Malpractice Trial
In a medical negligence case arising from postoperative care and treatment following ankle surgery, plaintiff alleged negligent failure to timely diagnose and treat an ankle joint infection that left her with permanent and painful injuries after multiple surgical procedures and lengthy hospitalizations to treat the infection. Defendants in the case included the doctor who performed the ankle surgery, as well as the emergency room facility (operated by our hospital client) and emergency room doctor where plaintiff sought care shortly after surgery. Plaintiff’s claim against our client was based on vicarious liability for conduct of the emergency room doctor, whom we argued was an independent contractor. After a six-day trial in St. Louis County Circuit Court, at which plaintiff’s counsel asked the jury to award over $600,000, the jury returned a verdict in favor of all Defendants. Further, the jury did not find our hospital client responsible for the emergency room doctor’s conduct.