When you or a loved one is injured, it is important to get medical treatment as soon as possible. This is especially true when you suspect that your injury may have been caused by another party’s negligence. If you have been hurt in an accident, it is also essential to gather as much information as possible, including witness testimonies, police reports, medical records, x-rays, and other documentation. If you have been hurt in an accident caused by someone else’s negligence, you may want to contact a Ballard Medical Center Malpractice Attorney as soon as possible.
In this case, plaintiff Jerade Sanders suffered injuries in a four-wheeler accident. He sustained a fractured wrist. He was transported to the emergency room at the defendant hospital where he was examined by the on-call orthopedic surgeon, Dr. Richard Ingram Ballard. X-rays of his wrist were obtained and Ballard recommended surgery. He performed surgery the following day repairing the fractured wrist by inserting an external fixator.
Later, Mr. Sanders developed a soft tissue infection. Eventually the infection spread to the bones of his hand causing osteomyelitis. This led to severe pain and discomfort, loss of mobility and impaired daily activities. In addition, the osteomyelitis created scarring on his wrist, which impacted his ability to work and his quality of life.
After a year of follow-up visits and physical therapy sessions, Sanders filed a medical malpractice suit against Ballard alleging that he breached the applicable standard of care in his treatment of him. The MRP opined that the evidence showed that Ballard failed to diagnose and treat the infection. However, the trial court ruled that the evidence did not establish that his breach caused Mr. Sanders to sustain additional injuries.
During the course of the bench trial, both sides presented expert testimony. Plaintiffs’ witnesses testified that Dr. Ballard breached the standard of care because he did not detect and adequately treat the soft tissue infection, which resulted in a bone infection. In contrast, defense experts testified that Mr. Sanders’ medical records indicate that he responded well to antibiotics and that he did not develop osteomyelitis or a permanent loss of function in his wrist.
The trial court granted summary judgment for Ballard and Crealock. The plaintiffs appealed. On appeal, the plaintiffs argue that the MRP erred in concluding that they failed to meet their burden of showing that Ballard breached the standard of care and caused their injuries. The plaintiffs also argue that the trial court erred in refusing to consider their contention that Dr. Leitman’s failure to pass the board certification exam was relevant and probative of his knowledge of accepted standards of practice and his expertise in evaluating medical malpractice cases. The appellate court affirmed the ruling of the trial court. Costs were assessed to the plaintiffs. Our team of experienced attorneys understands that most health care providers truly strive to provide the best care for their patients. Unfortunately, when they are rushed, overextended, or inexperienced mistakes can occur. Our goal is to help victims recover the compensation they deserve to improve their quality of life.