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LEE v. DELAMARTER, M.D.

This case involved an elderly gentleman who underwent cervical spinal surgery at St. John’s Hospital. The patient suffered weakness and loss of lower extremity function post-operatively. Initial radiographic diagnostic studies were somewhat equivocal but were read as negative for the presence of a cervical epidermal hematoma. Twenty days thereafter, Dr. Delamarter re-operated and drained a hematoma-like collection of fluid near the cervical spine.

Plaintiff’s contention was that the surgeon failed to appreciate signs and symptoms of an ongoing cervical epidermal hematoma which compressed the patient’s cervical spine, resulting in lower extremity weakness and eventually paralysis and that had the patient been re-operated sooner, lower limb function could have been restored.

The defense was able to establish at trial that the patient suffered a spinal cord infarct (stroke) post-operatively and there never was any significant spinal cord compression resulting in lower extremity paralysis. The case resulted in a defense verdict on behalf of all defendants.