Case details
Surgeon claimed patient’s hand required extended fixation
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
neurological, reflex sympathetic
FACTS
Plaintiff Margaret Huck, a retired 73 year old, initially fractured the fourth and fifth fingers of her left, dominant hand. She subsequently underwent fixation of the hand with K-wires by her treating hand surgeon, Bruce Ascough, M.D. Huck was immobile for six weeks post-surgery. However, at three weeks post-surgery, Huck claimed stiffness in her hand. She ultimately required a contracture release and claimed she now suffers from a chronic pain condition to her hand. Huck sued Ascough, alleging that the surgeon failed to timely remove the K-wires and that this failure constituted medical malpractice. Plaintiff’s counsel contended that the K-wires were placed for too long, causing Huck’s pain condition. Counsel also contended that Ascough failed to recognize the K-wires as being the cause Huck’s pain three weeks after the surgery. Defense counsel contended that Huck required the extra fixation time due to her age and osteoarthritis. Counsel also contended that Huck’s pain condition only developed subsequent to treating with Ascough., Huck underwent a contracture release and trigger release surgery. However, she claimed she now suffers from complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, which she claimed developed three weeks after the surgery with Ascough. Huck claimed that as a result of the chronic pain in her left, dominant hand, she can no longer golf, fish or cook. She also claimed that she took narcotic pain medication, but that nothing has helped with the pain. Thus, Huck sought recovery of damages for her medical costs, and pain and suffering. Her husband, Kermit Huck, sought recovery of damages for his loss of consortium.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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