The lawsuit alleges that Dr. Rodney Harris inserted a plate and screws in the wrong bone in his right foot.
It further states that the patient reported to the VA July 25 of last year with foot pain. The X-ray taken revealed a stress fracture in his right foot. It was recommended that an open reduction internal fixation be performed on the third metatarsal in the right foot.
After the surgery, he stayed off the foot for a month, and went back to work in early September. But he heard something pop in his right foot and felt pain.
He then went to the Portsmouth Naval Medical Center for another X-ray, which showed that the hardware had been placed on the wrong bone.
The lawsuit claims that the patient still has pain and now nerve damage in his foot and cannot walk normally.
We hope that the patient above receives the justice he apparently deserves in this medical malpractice case. It should be noted that there are restrictions on medical malpractice lawsuit awards in Virginia. Insurance companies and health care companies in this state have strong lobbyists in the state capitol. A law was passed that stated that no matter how much harm was caused by a doctor, the family and patient only can sue for $2 million maximum.
If a jury awards more than that, then the judge will reduce the award to $2 million. This law does give doctors an edge over patients that they have harmed. This law seems distinctly unfair to our personal injury law firm, and we hope that someday the law changes.