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DEFENDANT’S Medical malpractice – Orthopedic surgery – Alleged negligent performance of knee replacement surgery – Additional surgery required.

Broward County, FL

The plaintiff alleged that the defendant orthopedic surgeon negligently performed knee replacement surgery, necessitating that the plaintiff undergo an additional knee replacement. The defendant maintained that the surgery was properly performed, but the plaintiff developed laxity in the knee as a result of her inherent knee instability.

The plaintiff was a 59-year-old female at the time she underwent a knee replacement performed by the defendant. The plaintiff alleged that the defendant used an incorrectly sized spacer (fitted between two parts of the prosthesis). As a result, the plaintiff claimed she developed laxity in the knee, and ultimately had to have a second knee replacement surgery performed.

The defendant argued that the plaintiff had good stability in her knee following the initial surgery. When the plaintiff developed instability, she went to a non-party physician who installed a larger spacer. The plaintiff, again, developed instability, and then required the second knee replacement, according to evidence offered.

The defendant maintained that he performed the surgery within the required standard of care using an appropriately sized spacer, but the plaintiff developed laxity due to the nature of her gait and inherent knee instability.The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff.

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