Woman Whose Legs Were Amputated Gets New Trial
A South Dakota woman whose legs were amputated because of problems following knee-replacement surgery will get a new trial in her malpractice lawsuit against two doctors and their clinic.
The South Dakota Supreme Court ruled that Adeline Papke is entitled to a new trial because the judge in her first trial gave the jury an improper instruction that probably influenced the jury's decision to rule against her.
The judge's instructions to the jury said a doctor is not necessarily negligent because of an error in judgment. The Supreme Court says that reference to an error in judgment does not explain the standard of care at issue in malpractice lawsuits.
The ruling gives Papke another trial in her lawsuit against Dr. Thomas Harbert, Dr. Mark Harlow and their clinic, Aberdeen Orthopedics and Sports Medicine.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia, please contact the experienced medical malpractice attorneys at Pomerantz Perlberger & Lewis, serving clients in and around Philadelphia, Pennsylvania.
