Judge Overturns Jury's Decision In Medical Malpractice Case

By Daniel Hawn

Published on August 29, 2005

Covon Martin suffers from slipped capital femoral epiphysis, a condition in which the ball of the hip joint is partially separated from the thighbone.

Dr. Richard W. Moscowitz installed pins in Martin's left hip to prevent additional displacement of the hipbone. Such a procedure is dangerous due to the possibility of permanent injury if the pins are allowed to penetrate the hip joint.

Following an extensive recovery after the surgery, a second procedure revealed that one of the inserted pins had penetrated Martin's hip and needed to be unscrewed.

Moscowitz performed a similar procedure on Martin's other hip. This surgery too was followed by a delayed recovery. It was discovered that two pins had penetrated Martin's right hip.

Martin's mother filed a lawsuit against Moscowitz alleging malpractice, however the jury in the case held that Martin's injuries did not result from negligent care.

In reviewing the case, Hurd said that he could not understand how a competent and impartial jury could have decided in favor of Moscowitz.

He entered a verdict against the doctor and established a date for a jury to decide the amount of damages to which Martin and his family are entitled.

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