U.S. Court of Appeals Affirms Jury Verdict in Favor of Orthopedic Surgeon in Medical Negligence Lawsuit

On June 26, 2014, Dr. Corey Solman performed arthroscopic surgery on the knee of Leslie Grussing. At her follow-up appointment on July 9, 2014, she met with a physician’s assistant and reported swelling in her knee. The physician’s assistant suggested physical therapy. Dr. Solman did not examine her at that visit. Grussing returned to Dr. Solman’s office on July 18, 2014, again reporting pain and swelling in her knee. Dr. Solman then removed fluid associated with the swelling from Grussing’s knee and observed that the synovial fluid looked normal. Dr. Solman did not test the fluid for infection. Grussing continued to experience pain and swelling in that knee. In October 2014, a different doctor aspirated Grussing’s knee and sent the fluid for analysis. The knee was found to be chronically infected. Grussing underwent a total knee replacement. The principal issue in this medical malpractice lawsuit was whether Dr. Solman deviated from the standard…

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