Spinal Injury Claim Dismissed with Statue of Limitations Defense
Dan McGrew represented a neurosurgeon in a catastrophic injury medical malpractice matter in Gwinnett County. The patient, who had sustained a serious fall from a tall scaffolding presented to the ER where he was evaluated by the neurosurgeon. The patient was diagnosed with a burst fracture of the L1 vertebrae and taken to surgery for surgical stabilization. Following surgery, the patient continued to complain of back pain with lower extremity weakness, leading to an inability to function and an inability to work. The patient ultimately underwent a second surgery by another surgeon months later. The plaintiff claimed that the neurosurgeon was negligent in failing to adequately decompress and stabilize his spine. The plaintiff filed suit two years after the anniversary date of the surgery performed to allegedly correct the inadequate decompression. McGrew and Ruder filed a Motion for Summary Judgment arguing that the statute of limitations expired prior to the two year anniversary of the subsequent surgery. McGrew and Ruder argued that the plaintiff’s claim was time barred since the plaintiff had actual knowledge of the alleged medical negligence a week prior to the surgery, and thus the trigger date for the statute of limitations had begun a week earlier. Following receipt of the Motion, the plaintiff dismissed his claim.