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Power, Rogers & Smith: News Room
April 2, 2009
On April 8, 2003, E.R. underwent a radical open anterior and posterior slovenectomy for a rare knee disease. She underwent the surgery at VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital. The surgery was performed by the attending physician, who was not an employee of VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital. The Plaintiff, and her expert did not contend that the attending was liable for compartment syndrome, which was a risk of the procedure. Upon examination immediately following surgery, E.R. had no complications and a normal neurovascular status. Into the night of April 8, 2003 and morning of April 9, 2003, E.R. repeatedly complained of pain below her knee and in her foot and had an abnormal neurovascular status. In response to her complaints, she was given repeated doses of pain medication and her dosage of medication was increased. Moreover, two resident physicians were contacted by the nursing staff but did not come into the hospital to examine E.R. The Attending Physician was never contacted about Ms. Richner’s complaints or abnormal neurovascular status. Upon examination by the attending physician, at around 6:30 AM, E.R. was diagnosed to have compartment syndrome. Shortly thereafter, the attending physician performed a fasciotomy surgery to treat the compartment syndrome by relieving the pressure caused by the compartment syndrome. In the weeks following the initial fasciotomy surgery, E.R. required several debridements due to necrotic muscle and tissue below her knee. As a result of the debridements and prolonged compartment syndrome, E.R. lost approximately 90% of the muscle in her lower extremity, has foot drop and severe nerve dysfunction.
The Plaintiff claimed that the nurses and resident physicians failed to adequately recognize the significance of E.R.’s condition and communicate her condition to the attending physician. Plaintiff further claimed that this lack of recognition and communication prevented a timely diagnose and treatment of the compartment syndrome which resulted in E.R.’s extensive muscle and tissue death in her lower extremity.
