Surgical Malpractice Results in $285,000 Verdict

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.