Louisville, KY (PRWEB) January 3, 2006
Louisville, KY, January 3, 2006 -- Attorney Ross T. Turner of William F. McMurry & Associates (http://www.courtroomlaw.com), respected Louisville Medical Malpractice Attorneys, recently obtained a $158,000 Medical Malpractice Verdict for Faye Thacker of Paducah. The verdict consisted of $48,620 in medical expenses and $110,000 for Faye’s pain and suffering.
Faye went to a Paducah orthopedic surgeon, Dr. Douglas Taylor, after injuring her right shoulder in an automobile accident. Dr. Taylor diagnosed a torn rotator cuff. A few weeks later, however, Dr. Taylor operated on her left shoulder.
Faye filed a lawsuit in the McCracken Circuit Court (Case Number 03CI00255). Dr. Taylor defended the case by claiming that Faye told him she was having left shoulder pain and that he examined her left shoulder during the office visit. He admitted that he misread an MRI as being of her left shoulder, but claimed that the error did not affect his diagnosis or treatment decisions. He also pointed out that when pre-admission documents were presented to Faye at the hospital several days prior to the surgery; she signed a consent form indicating that the surgery would be performed on her left shoulder. Faye claimed that she signed those documents without reading them because she trusted the hospital. Finally, Dr. Taylor and other personnel present testified that left shoulder surgery was discussed with Faye on the morning of the surgery. Faye did not recall any such discussions, and noted that she did not speak to anyone that morning until after she had been sedated for surgery.
The case went to trial in October 2005. Prior to trial Dr. Taylor refused to make Faye any offer of settlement. At the close of Faye's evidence Dr. Taylor made his first offer to settle the case, and that offer was increased after closing arguments. Faye rejected those offers. She believed that because Dr. Taylor had denied any wrongdoing it was important for the jury to determine whether Dr. Taylor was negligent so that his mistake would permanently be a part of his record.
The jury returned a verdict of $158,620, consisting of $48,620 in medical expenses and $110,000 for pain and suffering, and determined that Dr. Taylor was 70% responsible for Faye's damages.
For more on the Medical Malpractice Verdict, please visit: http://www.courtroomlaw.com/medical358.shtml
About William F. McMurry & Associates
William F. McMurry is the only Kentucky lawyer certified as a medical malpractice and legal malpractice trial specialist by the American Board of Professional Liability Attorneys (ABPLA). McMurry is also certified as a civil trial specialist by the National Board of Trial Advocacy (NBTA). This level of expertise can increase jury awards as well as out-of-court settlements. Mr. McMurry has more than 26 years experience successfully settling or taking professional liability, auto accident injury and insurance bad faith cases to trial. He is a noted authority on legal ethics and professional responsibility and often lectures on those topics. Mr. McMurry is designated "preeminent" by Martindale-Hubbell's Bar Registration of Preeminent Lawyers (2001) in the fields of legal and medical malpractice.
Ross T. Turner is a former Law Clerk to United States District Judge Joseph H. McKinley, Jr. He is the author of several publications on legal issues affecting plaintiffs, and has won numerous awards for his legal writing and advocacy skills. Mr. Turner has obtained several settlements of more than one million dollars, including cases involving the sexual abuse of two disabled women, a house fire death caused by a defective electrical product, and a young father of two killed in a motor vehicle accident.