The plaintiff also claimed that the emergency physician failed to stress the knee, which would have shown ligament damage consistent with a knee dislocation. Further, the plaintiff claimed that an orthopedic consult should have been ordered.
The plaintiff also claimed the splinting was applied too tightly, and that she developed an infection and subsequent sequelae related to poor blood flow. The plaintiff later underwent tendon transfer surgery in an attempt to stabilize the foot so that she could walk.
The defendants argued that the plaintiff had sustained a tibial plateau fracture, not a dislocation, and that the physical exam was inconsistent with a knee dislocation. The defendants also claimed that the x-ray showed only a tibial plateau fracture and corresponding damage.
Further, the defendants maintained that the splint was applied properly. The defendants claimed that the peroneal nerve damage occurred at the time of the fracture but was not apparent in the ED, and that the resulting nerve deficit developed gradually.
The defendants also argued that even if an angiogram had been performed, it would not have shown a tear.
A defense verdict was returned. According to a published account, the hospital settled for a confidential amount during trial.