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Back Surgery on Wrong Side Not Medical Malpractice

March 26th, 2009

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Case:  Costanzo v. Gray (AC 29228) February 2009

Court:  Connecticut Appellate Court

Trial Court:  Danbury

Synopsis:  Patient sued orthopedic surgeon who was to perform a left side L4-L5 microdiscectomy but instead performed the surgery from the right side.  Surgeon admitted he had mistakenly written on the chart that the patient had complained of right side symptoms.  At trial, the doctor’s expert witness testified that the doctor had in fact performed a left microdiscectomy but had used a right side approach known as a contralateral approach.  The jury found that the doctor had not committed malpractice.  The verdict was upheld on appeal.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP147.pdf

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