A man rendered permanently paralyzed following back surgery has won a key victory in his lawsuit against the surgeon and hospital, after the North Carolina Court of Appeals affirmed a trial court's decision to allow the medical records/outcomes of other surgical patients to be considered as evidence.
Medical malpractice attorneys in Charlotte know that while the outcome of any case is going to be heavily weighted to the facts in that particular instance, the assertion of malpractice is a complex one, and by allowing a broader range of evidence, the courts gave plaintiffs an opportunity to determine whether this physician had a problematic history. This information would be relevant in a medical malpractice case, where plaintiffs have to prove a breach in the acceptable standard of care. A pattern of such breaches would strengthen the claim and potentially dampen defendant doctor's credibility.
Here, in Brewer v. Hunter et al., the patient in question first underwent thoracic spinal surgery to treat his severe back pain, leg weakness and spinal stenosis. Less than a decade later, he sought treatment from his primary care physician for many of these same issues. He was referred to a neuroscience and spine center specialist doctor after an MRI scan revealed severe canal stenosis and diffuse degenerative disease in his lumbar.