The verdict is in in the non-jury surgical malpractice lawsuit filed by 56 year old Kathleen Garrett, who claimed orthopedic surgeon Dr. Joseph “Asa” Bennett was negligent when he severed a nerve in her arm during elbow surgery.  She was awarded $285,000, a little more than half of the $500,000 she requested.

Garrett’s injury originated back in 1990 after a fall from a horse, and the damage to her joint got progressively worse over the years.  In 2005 she consulted with Dr. Bennett who recommended removal of bone fragments.

The surgery was performed with an arthroscopic lens and lasted nearly three hours.  According to court documents, however, inflamed tissue in the joint prevented Dr. Bennett from getting a clear view.  This, according to an expert witness for the plaintiff, is where the medical negligence came into play.

Dr. Edward Season testified that in his opinion, Dr. Bennett should have switched from arthroscopic surgery to open surgery no later than an hour into the procedure because of the inability to properly view the joint.  Unfortunately, that wasn’t the case and Dr. Bennett mistakenly cut Garrett’s radial nerve.

As a result of the medical error, Garrett has lost movement in her left wrist and hand.  It has affected her ability to work and she claims emotional damage as well.  Dr. Bennett admitted to severing the nerve, but claimed it was not negligence.  The judge overseeing the trial disagreed and ruled in favor of the plaintiff.

The hospital where the surgery took place is requesting a new trial.

A Massachusetts family is preparing to file a lawsuit over the 2008 death of Charles Rondeau in an apparent case of EMT Malpractice.

Last year, on Mother’s Day, Mr. Rondeau began feeling ill.  He was sweating, short of breath and complaining of chest pains.  His daughter called for an ambulance while his wife rushed home from work to tend to her husband.

When Mrs. Rondeau arrived home and began her ascent up the three flights of stairs that led to the couple’s apartment, she was met on the way by a disturbing sight.  Paramedics were walking her husband down the steps rather than carrying him, a violation of state standards of care.

Shortly after arriving at the emergency room, Mr. Rondeau was pronounced dead.  The cause of death was an “extensive anterior wall myocardial infarction”.  Simply put, he had a massive heart attack.

After burying her husband, Joan Rondeau began to grow suspicious of the way her husband’s case had been handled by the EMT’s.  She became particularly concerned when her daughter noticed that it was documented in the medical records that Mr. Rondeau had been carried down the stairs by paramedics.

After being ignored by the ambulance service when she contacted them about what was written in the report, Mrs. Rondeau brought the discrepancy to the attention of state regulators.  Following a subsequent department of health investigation, the ambulance service was issued a Notice of Serious Deficiency, citing widespread concerns with the company that extended beyond the incident with Mr. Rondeau.

The attempt to cover up what really occurred prompted swift and severe action on the part of the DPH, who recommended the immediate suspension of the licenses of two EMT’s involved.

The Rondeau family is still working to pick up the pieces after last years senseless tragedy and a death that quite possibly could have been prevented.  The family’s medical attorney has stated that he expects to officially file their EMT malpractice lawsuit within the next two months.  More to follow as the case unfolds.