In a recent medical malpractice trial held in Brooklyn, Dr. Scott Ellis, who was employed by the Hospital for Special Surgery (HSS) was found to have departed from accepted standards of practice while treating an adult female's foot. As a result, the jury found that his patient suffered permanent functional damage to the cutaneous branches of her left tibial nerves (calcaneal, medial and lateral plantar nerves). The jury agreed with the patient's expert who testified that Dr. Ellis performed a contraindicated reconstructive tendon surgery on the patient's foot without having tested the range of motion or mobility of her left foot.
The patient's expert explained that pre-operative x-rays revealed the patient had severe arthritis which required instead a very different type of operation-- a subtalar fusion triple arthrodesis (foot fused to eliminate motion). The jury awarded the plaintiff nothing for past pain and suffering, but did award $500,000 for future pain and suffering and loss of enjoyment of life. 2017 WL 4767039