Plaintiff brought a medical malpractice action against his back surgeon and the hospital where his back surgery was performed claiming he was not a proper candidate for the surgery (plaintiff was morbidly obese) as well as negligence in its performance from misplaced pedicle screws and the failure to recognize post-operative cauda equine syndrome, which left the plaintiff with erectile dysfunction and the inability to feel the passage of urine or feces.
Prior to trial we obtained dismissal of several claims against the hospital. The claims which remained against the hospital for trial was that our x-ray technologist allegedly dropped the patient during transfer from a gurney to an x-ray table nine days post op, which allegedly caused internal bleeding that contributed to the plaintiff’s cauda equine syndrome.
After plaintiff’s expert testified that plaintiff was not a proper surgical candidate, that the surgery was improperly done and that codefendant failed to work up symptoms consistent with cauda equine syndrome, the codefendant surgeon testified he had done the procedure properly and that plaintiff never developed cauda equine syndrome post-discharge, but rather plaintiff had symptoms consistent with his deteriorating underlying spinal disease. The surgeon also put on experts in surgery, neuro-monitoring and urology.
Our surgery expert described how our x-ray technologists performed a proper guided transfer in the x-ray room and testified that the plaintiff suffered no injury at their hands. Our two x-ray techs had no recollection of the patient, but ably explained how they typically do guided transfers and denied ever dropping a patient.
Plaintiff subpoenaed two nurses to read their two notes into the chart referring to the alleged drop, but neither had any recollection of the patient.
On cross-examination Arthur Cohen obtained an admission from the plaintiff that by “drop” he really meant that he felt his back come into contact with the x-ray table.
After closing arguments plaintiff asked the jury for $2.1. The jury unanimously found no deviations from the accepted standards of care for either defendant.