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Lee Weatherly Obtains Defense Verdict for an Orthopedist/Practice in Medical Malpractice Case

February 24, 2017

On February 16, 2017, Lee C. Weatherly obtained a defense verdict for a Columbia, South Carolina orthopedist and his practice group. During the four day trial, Plaintiff claimed that the Defendant doctor was negligent in failing to diagnose her failed knee replacement and recommend a revision surgery.  After ending treatment with the Defendant orthopedist, the Plaintiff sought a second opinion from another local orthopedist who recommended that the artificial knee be revised.  After the revision surgery, the Plaintiff’s new local orthopedist encouraged her to retain a lawyer and agreed to serve as her expert witness at the inception of the lawsuit.  This local orthopedist went even further and testified against Lee’s client at trial.  Plaintiff claimed that the delay in diagnoses caused her to undergo unnecessary medical treatment, including an arthroscopic surgery, as well as suffering unnecessary pain and suffering.  However, during trial, Lee presented overwhelming evidence showing the clear retrospective bias of the Plaintiff’s local expert and that the Defendant doctor complied with the standard of care in his treatment of the Plaintiff.  The jury agreed that the Defendant doctor did not breach the standard of care and returned a unanimous verdict in favor of the orthopedist and the practice group.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.