Beau Orth was awarded more than $4.2 million in a jury trial after just one hour of deliberation in a medical malpractice suit he brought against Dr. Albert Capanna. The lawsuit alleged that Capanna had been negligent when he operated on the wrong spot in Orth’s back, resulting in the damage of a once healthy disc and failing to repair the injured one.
Orth’s issues with back pain began just after his sophomore season in 2009, when he switched from defensive back to linebacker.
An MRI showed that Orth’s L5-S1 disc, located in the lower back, was herniated. On September 17, 2010, Capanna operated on Orth in order to repair the damaged disc. The physician said in testimony he provided in court that he had worked on the correct disc, and Orth had been made aware that there was a risk of possible damage to the disk above it.
Another physician testified that he had seen damage to the higher disc and believed that no surgery had been done on the disc that had been herniated.
Complications have resulted from both surgeries have caused rapid degeneration of Orth’s spine. Another physician testified during the trial that before he is 50 years old, Orth will require at least two spinal fusion surgeries. The surgeries are estimated to cost just over $800,000.
Orth was $3.8 million by the jury for pain and suffering and $486,000 for past and future medical expenses. Orth had originally sought approximately $7 million.
Every patient, no matter who they are, has the right to receive quality healthcare. That care, whether it is being given by their physician or healthcare facility or hospital must adhere to a set of standards of care. Most doctors and healthcare providers adhere to these standards. However, those who don’t should be held accountable for their actions.
If you believe that you or a loved one believes they has suffered as a result of medical malpractice or other medical related personal injury, contact the law offices of Bottar Leone, PLLC today. We will take the time to carefully evaluate your claim. Call us today in order to schedule a free initial consultation. You may contact us at our toll free number (888) 979-1689, or at (315) 313-6809, or reach us by email at firstname.lastname@example.org.