Supreme Court, New York County

The plaintiff/patient alleged that he received negligent hospital care and orthopedic treatment for a compound bi-malleolar ankle fracture. The patient claimed that he began to show signs and symptoms of a wound infection before he was discharged from the hospital. The plaintiff alleged, among other things, that he was discharged prematurely, that nursing staff failed to inform the orthopedic surgeon that he had a fever of 101.4° a few hours before discharge and that the patient was given insufficient antibiotics. The alleged injuries included severe infection at the fracture site, osteomyelitis, extensive subsequent hospitalization with 11 surgical operations, permanent disability and inability to return to work as a limousine driver.

Result : Defense verdict for the hospital and orthopedic surgeon.
Defense Attorney : For hospital: Robert Irving Miller.
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