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Our client was a 53 year old church volunteer and Sweet Adelines chorus coordinator who fell, spraining her ankle in May. She began treating with defendant orthopedic surgeon over the summer months. When symptoms did not resolve, surgery was recommended. Prior to surgery, plaintiff signed a two page consent for surgery form which erroneously indicated the surgery was going to be performed on the uninjured ankle. Plaintiff was only shown the second page of the form and signed it. Defendant performed ligament surgery on the uninjured ankle, tightening up the ligaments, thereby greatly reducing the flexibility of the ankle, and causing her dormant osteochondritis to become symptomatic. Plaintiff shortly thereafter had surgical repair of the sprained ankle. The original injury healed appropriately but the ankle on which the defendant negligently operated caused significant pain and dysfunction, requiring special shoes and orthotic inserts. An independent medical examination was conducted by the defense which concluded that the surgery to the uninjured ankle caused little disability. Trial commended against the defendant who did not appear at trial. Defense contended that the plaintiff consented to the surgery when she signed the consent form and that the defense expert’s opinion was that the surgery to the uninjured ankle did little, if any, harm. Like the defendant, the defense expert failed to appear at trial.
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