|
-April 21, 2005
A routine hernia surgery performed more than 10 years ago has resulted in a nine-year legal and medical controversy. In August 1994, Dr. Joseph Diaco, a well-known professional sports surgeon, attached a four-by-five inch piece of mesh to Thomas Christian's abdominal wall, but Christian claims it became infected, ate away his torso muscles and left his intestines spilling out of his gut.
Christian says he has been living in pain since 1994 after his body was reconstructed with mesh and plastic to close a 30-by-30 inch hole, which has rendered him unable to work. The lawsuit he subsequently filed against Diaco is a case that is representative of the ongoing fight between legislators, lawyers, doctors and patients across the country.
The term "frivolous lawsuit" has become a well- known phrase after President Bush has repeatedly blamed rising prices of health care on what he calls "junk lawsuits". Both Christian and Diaco have been unwilling to settle out of court, so the jury is being asked to decide if Christian's constant pain and condition is the result of medical negligence or just a bad turn of events. In Florida, where the medical malpractice claim was filed, the law is that complication after surgery does not automatically mean malpractice has occurred.
After the mesh was attached in '94, Christian said it was clear the wound was not healing properly, resulting in a series of dozens of office visits and three more surgeries to drain the wound and later attempt to remove the infected mesh. Christian's attorney said Diaco was not careful enough when treating the wound, even missing an appointment when he instead went to Hawaii for the Pro Bowl.
Although Diaco is faulted for sloppy record keeping and not taking the time to treat Christian adequately, Diaco's lawyer contends it was better to wait for the infection to clear up rather than risk pulling out the mesh and causing an even larger hernia. The medical malpractice lawsuit had difficulty moving forward last year when on the eve of the trial two doctors working as Christian's medical experts refused to testify because they feared professional retribution.
Tampa has a tight-knit medical community, and Christian said he has had problems with his treating physicians being linked to one another and becoming unwilling to criticize Diaco's work. The doctor who immediately treated Christian when he left Diaco's care was secretly keeping Diaco informed of his condition, according to Christian, who later found out Diaco had been a key witness for the doctor in successfully defending an unrelated malpractice case. When he went to another surgeon later, Christian said he learned that doctor was married to another physician helping defend Diaco in the case.
Both sides maintain the case has been difficult to handle but continue to vigorously defend their positions.
For more information on Florida medical malpractice, please contact us to speak with a laywer.
Click Here for Miami Personal Injury Lawyers |
