Patient injured her back at work. She was directed by her employer to present to a workers’ compensation medical clinic for treatment. She treated at clinic over six-weeks and ultimately was assigned to a neurosurgeon. Immediately after the surgery, she could not move her legs. The neurosurgeon failed to order appropriate post-operative imaging studies, which would have revealed a large collection of blood (an epidural hematoma) pressing against the patient’s spinal cord. If an MRI or CAT scan had been obtained, they would have revealed the collection of blood, it would have been evacuated and the patient would not have suffered her permanent spinal cord injury.
The case was settled the day prior to trial, and involved several significant legal issues, including whether the operating neurosurgeon was an agent of the clinic.