Brennan and Stern Win Not Guilty in Hospital Malpractice Case Alleging Amputation of Fingers

Brennan Burtker LLC congratulates Partners Mark M. Brennan and Rachel S. Stern in their successful defense of a hospital in a malpractice case alleging amputation of fingers from alleged nursing negligence.  Plaintiff contended the diabetic patient experienced a crush injury to her hand when she was dropped to the floor during a transfer by a hospital nurse.  The patient underwent 8 surgeries which included the amputation of her index and middle finger.  Plaintiff claimed $1,277,000.00 in medical expenses and asked for millions more in pain and suffering, disfigurement, and disability.  Plaintiff argued that the patient and her daughter witnessed the alleged negligence and that multiple hospital physician notes documented a crush injury to the fingers from contact with the patient’s wheelchair from the alleged fall.  The plaintiff further argued that physicians during the admission documented that the injury was due to trauma and not likely infection.  Plaintiff also presented photographic evidence taken during the patient’s admission of trauma to her hand from the incident.  Brennan and Stern argued the fall never happened, and that the patient’s amputations were due to a deep infection in her fingers that was present on admission and reasonably not diagnosed and treated during the patient’s admission.  The jury returned the defense verdict in under 1.5 hours.

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