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Woman Sues For Surgery To Wrong Part Of Body

Posted on Mar 03, 2010

The amazing part of this whole story is that these insurance companies really don't appear to care at all about the doctor they insure or the people that are hurt. I gave these folks over 2 months to get their act together on this one and make a reasonable settlement offer. Mistakes happen. With one's like this, the insurance company should be over with a blank check but that did not occur here. Finally my client was offered $10,000 after suit was filed. A press release about the case was sent and I was accused of trying to blackmail the doctor. My opponent should have read the report which did not name the doctor at all.

I was trying to highlight the fact that these insurance companies do very little or nothing at all, even when they owe something on the case. The offer was less than the doctor will lose in revenue for two days of trial even though it is a condition that my client will live with forever! The news report is listed below.

KSDK -- A Ballwin woman has filed suit against a surgeon who she says operated on the wrong part of her elbow.

Barbara Grace says she has mobility problems with her elbow since the procedure on May 1, 2008.

Grace said she had significant problems with the inside of her left elbow and for some time was treated by her orthopedic surgeon and had physical therapy. When surgery was performed nearly two years ago, Grace's suit alleges that despite his knowledge of her condition, the physician operated on the outer portion of her elbow, not the inside of the elbow (medial epicondyle) surgery that was ordered.

Her lawyer, Alvin Wolff, Jr. said the defendants, Mid-County Orthopedic Surgery and Sports Medicine and Creve Coeur Surgery Center, LLC, had over two months to resolve the matter. A deadline was set for March 1 before a suit would be filed.

The suit alleges that employees of the surgery center stood by as the doctor performed the wrong operation and did nothing to prevent it. It also claims the wrong type of surgery was put on the surgery schedule by employees at the center.

Wolff did say the surgeon issued an apology to Grace about the mistake soon after it was realized.

Grace's suit seeks $25,000 together with costs and interest.

Click here to read the lawsuit

Tad Eckenrode is the attorney representing the physician. He tells NewsChannel 5 that since the suit was filed today, he is still looking it over. He said he had anticipated the suit was coming.

KSDK