NY Medical Malpractice - Improperly Placed Suture Causes Permanent Nerve Damage

Here's an interesting case I handled recently: ItYork City. Immediately upon being examined, the
involved a young man who put his arm through ahand surgeon advised the patient that he had
window. He was taken to the emergency roomsignificant damage to his ulnar nerve; precisely the
where he was bleeding profusely from cutting annerve that controls the fourth and fifth fingers.
artery. He had a "pumper," with blood spurting andExploratory surgery revealed the patient's worst
pulsating out like a garden hose. While in thefears:
emergency room a doctor tried to stop the"A suture used to tie off bleeding vessels had
bleeding by applying pressure to the wound. Thissomehow been used instead to tie off your ulnar
worked, but the young man needed a bloodnerve," was what the hand surgeon advised him.
transfusion since he lost a lot of blood during the"As a result, your ulnar nerve was deprived of
five minutes from accident site to the hospital.oxygen and blood flow, causing the nerve to die."
After the bleeding was initially controlled, anotherThis young man was told that he'd need another
doctor came to stitch the wound. The doctor,surgery to try and transplant another nerve from
while throwing stitches, never realized that he puta different part of his body into his arm to see if
a stitch around the ulnar nerve! This is a bigthat would help. He was told that nerves can
"no-no." Stitches are meant to tie off bleedingregenerate, if lucky, at a rate of one inch per
vessels like veins and arteries. They are notmonth. In other words, a very slow process.
meant to tie off good, healthy nerves.The second surgery went well, and he did not
Importantly, while the patient was being stitchedneed a nerve transplant. Instead, the existing
up, he yelled out that his arm felt as if it had beennerve was cleaned up, and stretched as gingerly
'zapped', similar to hitting your funny bone. Theas possible to get close enough to attempt to
doctor simply said "Don't worry about it, you'll bereattach the two damaged ends of the nerve.
fine." Well, a day or two later, the young man,Eighteen months later, this patient still had loss of
thinking that it's ok to have unusual sensations insensation and decrease in function in his hand.
his had following this accident did not think muchThe moral of this tragic story is that this injury
of the ongoing discomfort he was having in hiswas totally preventable. Had the emergency room
hand. By day three, he started to think somethingdoctor been careful in placing those stitches, and
was really wrong. His fourth and fifth finger werehad the clinic residents recognized the signs of
getting numb and were also painful.nerve damage two days after the accident, this
The patient returned to the hospital, where itevent leading to permanent nerve damage never
took some coercion to get the clinic residents towould have happened.
evaluate his hand. Despite the patient's complaints,End Result:
he was sent home, and told it it normal to haveThrough extensive investigation and many
this pain following such an accident. Two daysdepositions, I was able to finally learn that one or
later, the numbness and inability to move themore doctors had sutured the wound closed.
fourth and fifth fingers brought the patient backWhat made this case so fascinating is that the
to the hospital clinic. Again, nobody recognized thatdoctor or doctors who stitched this patient up,
the young man's ulnar nerve was dying offnever wrote a note in the hospital chart- It's
before their eyes.almost as if they knew what they did was
This young man made a wise decision to get aninappropriate and did not want to acknowledge it.
opinion from an experienced hand surgeon in NewThe case settled favorably during jury selection.