Attorneys David Spicer and Stephen K. Miller Go After Doctors' Mistakes

PALM COAST, Fla., June 30, 2011 /PRNewswire/ -- After what appeared at first to be just a minor twisted ankle in September of 2008, Attorneys David Spicer and Stephen K. Miller's client did what any sensible afflicted person would do; she went to the doctor. After the pain continued, following a few routine visits and examinations, the physician sent the patient to an orthopedic specialist who ultimately ordered an MRI of her ankle. After reviewing the MRI, the radiologist, Dr. James Weaver, sent back a report indicating no abnormality or fracture of the ankle. As a result, the orthopedic assured the client that nothing was seriously wrong, it was just an ankle sprain that should heal after a few weeks rest. This diagnosis and treatment may be correct for the majority of minor ankle injuries, however for this patient's ankle fracture, which the radiologist completely overlooked, it began a series of problematic events, which complicated her recovery tremendously, and left her with a permanent fracture she is now forced to live with for the rest of her life.

According to Spicer and Miller, their client stated that she "trusted the doctor's opinion and treatment. And why wouldn't I? I thought it could be more than a sprain, but after all, the radiologist said the MRI showed no fracture."

Two years later, the once "minor ankle sprain" has put her through some life changing ordeals. It took 10 months before another MRI was ordered to determine why she, the patient, was still suffering from such pain and swelling. Only then was it determined that she had actually been walking around on an undiagnosed broken leg all that time. Unfortunately, once the fracture was found, too much time had passed to simply cast it. She was forced to undergo four surgeries, plates & screws, a bone graft and further complications. This could have easily been avoided had the fracture not been missed by the radiologist at the outset. When it was all over, the surgeons were not able to get the fibula to heal, and to this day the client walks around on a broken fibula, which now has a 1/2 inch gap in the bone.

Medical malpractice has become the third leading cause of death in the United States and accounts for over 225,000 deaths each year, according to an article published in the Journal of the American Medical Association (JAMA). Non-lethal medical malpractice incidents, such as the one this patient suffered, makes up an even larger number of cases, and is more likely for the average patient with a non-life threatening injury or condition.

Attorneys David Spicer and Stephen K. Miller represented this patient in her lawsuit against Dr. Weaver for medical malpractice. The case eventually was decided at an arbitration by a three-member panel, awarding the victim a $451,000 victory. This in itself was very rare in that only approximately 20 medical malpractice cases in Florida have ever been decided by arbitration since 1990, as opposed to by a trial by jury.

"This whole ordeal is extremely unfortunate," said attorney Stephen K. Miller. "But doctors are human. They make mistakes just like you and I. Patients should trust their gut intuition if they feel their treatment is not progressing normally. It can be critical to get a second opinion and sometimes a third."

Medical malpractice can occur in the most routine treatments or diagnoses. Getting a second opinion or following up with another physician can save a patient and their families a great deal of pain and suffering, as well as time, money, and energy.

Spicer and Miller hope that this case serves as a catalyst for patients to seek second and sometimes third opinions, and for people to be aware that medical malpractice is a very serious and possible occurrence.  

"It needs to be voiced that things like this happen more often than the average person realizes, and it can be a very, very serious issue," said Miller.  The Florida Board of Medicine is currently investigating the matter.

A great deal of information about medical providers is available online. Spicer & Miller strongly recommend you research your own healthcare professional in advance of making an appointment. You can easily do this on their website at www.ForYourLawyers.com/DrCheck.

SOURCE Law Offices of Spicer and Miller, P.L.