MEDICAL MALPRACTICE

Jury sides with doctor sued for hematoma

A doctor wasn’t to blame for a post-surgery hematoma that caused neurological damage, a jury found on April 9. David Boyer sued Dr. Frederick Todd after he implanted a neurostimulator in his spine to treat chronic lower back pain. The device malfunctioned months later, and Todd replaced it. Boyer’s legs were paralyzed a day later. He claimed that Todd failed to timely diagnose the epidural hematoma that pressed against his spine. Todd contended that, during the first post-operative day, there was nothing to indicate that a hematoma was growing. His primary defense was causation, maintaining that the outcome would have been the same even if he had done what Boyer claimed he should have.

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