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Description
CASE ON POINT: Leiser v. Fletcher, ALSC 1051698-080307 (07/05/2007) So.2d -AL
ISSUE: In a medical malpractice case, the tact that one party should have prevailed over the other party does not always mean that the party which should have prevailed will, in fact, prevail. That was illustrated in this Alabama case in which despite the fact that during the performance of a meniscotomy on a patient's knee a surgeon, who admittedly could not see where or what he was cutting cut veins and at least one artery outside the surgical field How did this happen? Why didn't the patient prevail?
CASE FACTS: On August 25, 2000, Elaine Leiser injured her right knee on an airplane while she was returning home from a trip made on behalf of her employer, Quorum Health Resources, LLC (QHR). When her knee did not improve and because her injury was considered to have occurred on-the-job, QHR eventually referred her to Dr. Raymond Fletcher. Dr. Fletcher treated the injury conservatively. Leiser underwent regular... |
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