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Monday, February 6, 2012

Dismissal of Emergency Department in Arm Amputation


Lowis & Gellen, LLP has obtained a directed verdict for a Chicago community hospital and its emergency medicine department. A 52-year old woman got her hand and wrist caught in her overhead garage door, causing what was diagnosed as a minor fracture and cuts. The emergency department represented by Lowis & Gellen bandaged the cuts and referred her to an orthopedic surgeon for further care. No antibiotics or other medications were administered. Over the next several days the wound became infected, spreading to the bones of the wrist. After weeks of treatment, an amputation of the arm slightly below the elbow was necessary to save her life. Attorney Scott R. Wolfe aggressively filed counterclaims alleging the patient’s own delay in seeking follow up treatment recommended was the cause of her amputation. After allowing years of litigation and giving the plaintiff every opportunity to counter the defense, the presiding Judge was so overwhelmingly convinced by the defense, she refused to allow the case against Mr. Wolfe’s client go before a jury. She dismissed the case. The case will proceed to trial against an orthopedic surgeon, not represented by Lowis & Gellen, who saw the plaintiff after her brief hospital contact. For more information on the case or for general information regarding Lowis & Gellen’s professional malpractice group or general liability practice please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.