Defense Verdict Obtained on Behalf of Emergency Medicine Specialist

A Richmond County jury returned a verdict in favor of an emergency medicine specialist accused of negligently failing to diagnose a femoral neck fracture. The defendant physician was represented by Alex Sikoscow.

Plaintiff's experts alleged that the patient, a 56 year old woman, who had fallen on her right hip and leg, required a CT, MRI or orthopedic consult to rule-out a non-displaced femoral neck fracture prior to discharge from the ED. It was asserted by plaintiff's experts that the patient's hip pain, and a suspicious density on the hip x-rays, warranted this investigation. The experts argued that because the fracture was not diagnosed in the ED, the patient bore weight on the injured leg, and the fracture displaced 13 days after discharge from ED. They argued that the subsequent displacement caused the plaintiff to fall thereby causing a displaced fracture of the radius. The patient required a total hip replacement, and surgical repair of her radius fracture.

The defense countered that the patient's presentation was not concerning for a fracture, and that the x-rays taken were normal. It was argued that the patient's displaced fracture was sustained in connection with an unrelated fall 13 days after discharge from the ED.