Marshall L. Schwartz obtained a defense verdict in favor of an orthopaedic surgeon following a six day trial in Montgomery County. The plaintiffs alleged that the orthopaedic surgeon breached the standard of care by failing to diagnose the plaintiff-husband as suffering from a displaced left greater tuberosity fracture, failing to order additional diagnostic studies of the plaintiff-husband’s left shoulder, and failing to properly counsel the plaintiffs regarding appropriate treatment options for the patient’s shoulder. Plaintiffs maintained that the orthopaedic surgeon’s alleged negligence caused a delay in the performance of surgery on the plaintiff-husband’s left shoulder, which resulted in permanent stiffness, pain, weakness and degenerative changes to the arm. However, the defense presented evidence that the orthopaedic surgeon properly diagnosed the plaintiff-husband’s condition, ordered appropriate diagnostic studies, and advised the plaintiffs of all reasonable treatment options. Moreover, the defense offered evidence that the plaintiff-husband’s alleged injuries were not proximately caused by the orthopaedic-surgeon’s conduct. Following a brief deliberation, the jury returned a verdict in the orthopaedic-surgeon’s favor, finding that he did not deviate from the standard of care in treating the plaintiff-husband.
