Lou La Cava and Jim Wetzel obtained a dismissal in a medical malpractice case
Lou La Cava and Jim Wetzel obtained a dismissal in a medical malpractice case that went to trial in Hillsborough County. The Plaintiff alleged that the defendant orthopedic was negligent in repairing a comminuted olecranon fracture of the elbow using K wires and figure of 8 wire rather than a plate and screws. The reduction did not hold and the Plaintiff, who was a physician, had to undergo a second surgery where a plate and screw was used to stabilize the fracture. The plaintiff developed an infection and underwent 20 surgeries over a period of 7 years. He claimed he could not practice medicine and was disabled. The defense position was that the surgical approach utilized was an appropriate technique and that the infection at the time of the second surgery was not caused by negligence. The case went to trial and after the first day of trial the Plaintiff dropped the case without any payment and filed a notice of voluntary dismissal with prejudice.