Longo and Maxwell earn victory in medical malpractice case

Dan L. Longo and Kelsey L. Maxwell of Murchison & Cumming LLP successfully defended a Physician’s Assistant in a case where the plaintiff claimed medical negligence and medical battery following a gym injury. The jury found in favor of the defense, determining that the Physician’s Assistant was not negligent and had acted within the standard of care.

The case began when the plaintiff tripped while walking up a flight of stairs at a gym, causing her glass water bottle to break, resulting in two cuts on her palm. Seeking immediate medical attention, she went to a nearby hospital, where the Physician’s Assistant provided treatment, including examination and imaging. The lacerations were repaired, and before discharge, the Physician’s Assistant coordinated a follow-up consultation with a hand surgeon. Three days after the incident, the plaintiff underwent surgery where two small pieces of glass were removed from her wound, followed by nerve and tendon repairs.

The plaintiff contended that the Physician’s Assistant’s treatment fell below the standard of care, alleging that the wound was closed despite the suspicion of retained glass. She also claimed that the nerve and tendon damage resulted from the retained glass, not the initial fall. Additionally, the plaintiff accused the Physician’s Assistant of closing the wound against her wishes, which she labeled as medical battery, and later asserted that she now suffers from Complex Regional Pain Syndrome due to the injuries.

The Physician’s Assistant served a C.C.P. 998 offer in January of 2024 to encourage settlement, but the offer was rejected.

The trial was bifurcated between liability and damages. The jury ultimately concluded that the Physician’s Assistant was not negligent in the care provided and confirmed that all medical procedures were performed with the plaintiff’s consent, leading to a favorable verdict for the defense.