 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Nye v. Boulden8/31/2005
Plaintiffs appeal from a defense verdict in this medical malpractice action. AFFIRMED.
Heard by Sackett, C.J., and Huitink and Vaitheswaran, JJ.
Gerald Nye and his spouse sued Dr. William Boulden and his professional corporation for medical malpractice. A jury ruled in favor of the defendants. On appeal, the Nyes contend the district court erred in (1) overruling their motion for new trial, (2) admonishing the jury on evidence it could not consider, and (3) refusing to instruct the jury on a legal theory and on a specification of negligence. We affirm.
I. Background Facts and Proceedings
In July 2000, Nye fell from a ladder and severely fractured his right leg at the knee joint. Dr. Boulden reconstructed the bone and knee joint and inserted metal screws and plates to hold the repair together.
When Nye continued to experience problems with his leg, Dr. Boulden performed an "incision and drainage" procedure and called in an infection control specialist. The specialist wrote an order for a "vacuum assisted closure" device and treated Nye with intravenous antibiotics.
The incision and drainage procedure did not resolve Nye's leg problems. Dr. Boulden re-hospitalized him and removed the hardware from his knee. The leg began healing and antibiotics, as well as use of the vacuum assisted closure device, were discontinued.
Fluid continued to build up in Nye's knee. Dr. Boulden cleaned and covered the wound with local tissue and inserted a drain to remove the fluid. The infection control specialist resumed antibiotic treatment.
When the drain insertion procedure proved unsuccessful, Dr. Boulden performed another "incision and drainage." He also consulted with a plastic surgeon , Dr. Lester Yen, about a procedure to cover the wound with a flap of calf muscle. According to Dr. Yen, one purpose of the flap procedure was to deliver intravenous antibiotics to the bone.
Dr. Yen examined Nye in January 2001. In a letter to Dr. Boulden, he noted, "The wound looks very clean today with no evidence of any infection or further necrosis." Dr. Yen admitted Nye to the hospital and performed the flap procedure. His notes of the operation indicate "no gross purulence of any significant necrotic tissue."
Later that month, Dr. Yen performed an "incision and drainage" on Nye. He removed blood but found no evidence of active bleeding. Nye was discharged.
Dr. Yen notified Dr. Boulden of the results of the procedure he performed as well as Nye's progress. In a letter dated February 5, 2001, he stated:
has done well in the hospital since his last episode with some bleeding and hematoma, which required drainage on the 23rd. Remarkably the flap has done well and has come through without any problems whatsoever. The open wound in the knee remains clean, closed and dry. There is no evidence of infection as far as I can tell and no effusion, undue fluid or inflammation around the knee joint itself.
Dr. Yen cleared Nye to start physical therapy.
Nye had his final office visit with Dr. Boulden on February 8, 2001. Dr. Boulden detected no problems with the wound. He recommended a brace and wrote a prescription for one physical therapy session, to teach Nye a home-based program. His notes indicated he wished to see Nye at his office after the brace was fitted.
Several weeks later, Nye saw Dr. Yen again. Dr. Yen wrote and faxed the following notes to Dr. Boulden: "The flap looks fine. It is well healed and the knee is sealed and there is no evidence of any infection or fluid collection." Dr. Yen stated he would see Nye after Nye returned from a f
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|