$1.53 Million Jury Verdict for Unnecessary Surgery

A $1.53 million jury verdict was entered following the jury trial of 50-year-old Joseph Miller. Miller was referred to Bay Area Orthopaedics and Sports Medicine for evaluation of a bone spur in his right heel. Dr. Vivek Sood, an orthopedic surgeon, removed the bone spur and also did an Achilles tendon reattachment.

After the surgery, Miller suffered a deep wound infection in his right foot. The infection required seven additional surgeries and extensive medical care.

Miller lost a portion of his foot because of the wound infection. He was a laborer and remained out of work for approximately three months. His lost income was more than $19,600.

Miller sued Dr. Sood alleging that the doctor chose not to treat his foot pain with conservative or non-surgical measures, such as orthotics, bracing with physical therapy before undertaking the invasive surgery. It was also alleged that Dr. Sood performed unnecessary surgery and chose not to prescribe sufficient preoperative antibiotics given Miller’s infection risks. These included gout, obesity and a history of the incisional heel infection. Lastly, it was alleged that Dr. Sood failed to timely diagnose and treat the postoperative infection.

The jury apparently was convinced that Dr. Sood deviated from the standard of care and that the surgeries were unnecessary.

The attorneys successfully handling this case for Miller were John Valente III and Scott Bowling.

At trial, Miller’s counsel presented experts in orthopedic surgery and infections. The defendant also presented experts in orthopedic surgery and infectious disease.

Miller v. Sood, No. C-02-CV-16-002666 (Md. Cir. Ct. Anne Arundel County).

Kreisman Law Offices has been handling medical negligence lawsuits, misdiagnoses of infection cases, physician negligence lawsuits, hospital negligence lawsuits and birth trauma injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Cicero, Deerfield, Des Plaines, Evergreen Park, Hinsdale, Joliet, Kenilworth, Lincolnwood, Lincolnshire, Lisle, Highland Park, Highwood, St. Charles, Aurora, Western Springs, Midlothian, Palos Hills, Elmhurst, Chicago (Archer Heights, Austin, Little Village, Lawndale, East Garfield Park, Humboldt Park, Logan Square, Washington Heights, Morgan Park, Riverdale, Woodlawn, Kenwood, Oakland, West Loop, Goose Island, Clybourn Corridor), Norridge, Harwood Heights, River Grove and Elmwood Park, Ill.

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