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Medical Malpractice - Nerve Severed Ends in $4 Million Jury Verdict
Posted on May 20, 2009
A jury in a medical malpractice case awarded a truck driver $4 million for nerve damage to his arm due to the medical negligence of an orthopedic surgeon. The Orthopedic surgeon performed surgery on his patient to relieve extreme arm pain but severed a nerve during the corrective surgery.
The patient Robert T. Baird Jr. of Providence, RI filed the medical malpractice suit against Dr. Kenneth J. Morrissey the orthopedic surgeon alleging the doctor's negligence. Dr. Morrissey denied all allegations of negligence. The jury sided with the patient Baird, awarding $1.5 million for physical pain, $1.5 million for mental suffering, $500,000 for disfigurement and $500,000 for lost wages.
Baird began experiencing extreme pain in his right arm in 1999. He went to Morrissey, who made the decision to operate to improve Baird's movement in the upper extremity and in the process remove a benign tumor. Morrissey proceeded with the operation and within weeks, Baird's right hand began hurting, changing color, changing temperature and sweating.
Another orthopedic suregon, Dr. Manuel DaSilva diagnosed Baird as having Reflex Sympathetic Dystrophy Syndrome, a chronic neurological disorder that causes severe pain. Dr. DaSilva performed a second operation and discovered that another nerve had been severed during the previous operation performed by Dr. Morrissey. Again, Dr. Morrissey's position was that he was not negligent in cutting the nerve although he never meant to cut that particular nerve. His attorneys argued, "that's just a risk a patient takes."
Baird's hand since has seized into a claw and he remains in continuous pain. His attorney said that he would much more be working than get any amount of money awarded to him as the result of this needless injury and disability.
If a family member or other loved one has been the victim of a medical mistake you need an experienced medical malpractice attorney. Please call or click to speak directly with an attorney with The Williams Law Group. We can help!
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