Medical Malpractice

Orthopedics -- Failure To Properly Treat Leg Fracture -- Deformity -- $160,000 Award

Brief Statement of Claim: The plaintiff alleged the defendant failed to properly treat a tibula/fibula fracture in a 17-year-old male.

Principal Injuries (in order of severity): Seventeen degree deformity of the tib/fib area of the leg, resulting in 35 percent PPD

Special Damages: Past medical bills of $960.90; future medicals of $20,000 to $25,000

Tried or settled: Tried

County where tried or settled: Watauga

Case Name and number: David Patrick Zelch v. Stephen G. Fleming, M.D. and Boone Orthopaedic Associates, P.A. (98 CvS 41)

Date Concluded: Winter 1999

Name of Judge: n/a

Amount: $160,000; $186,427 including costs and interest

Insurance Carrier: Med Mutual

Expert Witnesses and areas of expertise: Jeffrey Penner, M.D., orthopedic surgeon

Attorneys for plaintiffs: Troy J. Stafford of DeVore, Acton & Stafford, P.A., Charlotte

Other Useful Info: n/a

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