2 0 • O U T PA T I E N T S U R G E R Y M A G A Z I N E • J U N E 2 0 1 9
T
he most com-
mon surgical
malpractice
claim is operative neg-
ligence, which arises
when a plaintiff
alleges that a surgeon
deviated from the
standard of care dur-
ing technical elements
of the procedure. Of
course, negligence can
also occur before or after a case, but rarely do we see 3-tiered mal-
practice claims in which a patient suffers acts of negligence during
the pre-op, operative and post-op phases.
Sadly, multiple acts of negligence do occur. Just ask Matthew
Standley, winner of a nearly $12 million verdict and loser of his leg to
devastating infectious complications that necessitated amputation.
In April, a Florida jury returned an $11,882,175 plaintiff verdict
against Broward County orthopedic surgeon Melvyn Rech, DO. The
lawsuit stemmed from complications of an elective total knee arthro-
plasty (TKA) that Dr. Rech performed on Mr. Standley, who had
undergone 14 prior knee surgeries and had experienced osteomyelitis
on at least one occasion. Following the surgery performed, Mr.
Standley's left leg became so infected that amputation was the only
recourse. Mr. Standley's lawsuit claimed that Dr. Rech breached the
standard of care at every step along the way:
Negligence Before, During and After Surgery
A knee replacement patient suffered multiple acts of malpractice.
Medical Malpractice
Jerene Stremick, BSN, RN, LNC
• ULTIMATE NEGLIGENCE The surgeon's ignorance of the patient's contraindica-
tions and infection risks led to an amputation — and a resounding verdict.