SKETCHES OF COURT: Jury determines that floppy toes outcome is not podiatric malpractice
In this courtroom sketch, Hon. Karen Rothenberg listens as plaintiff’s attorney Stacy Baden (standing), trial counsel to the law offices of Burns & Harris, conducts a direct examination in the podiatric medical malpractice trial Seabrook v. Katz, DPM. Co-counsel Justin Blash is seated to Baden’s left. Expert witness podiatrist Dr. David Plotkin (on the stand), holds a visual aid during his testimony.
Patricia Seabrook claimed that six arthroplasty surgeries performed from 2006 to 2010 to address her painful recurrent hammertoe condition were performed improperly, causing increased bilateral pain and subsequent deformity to her feet.
Dr. Plotkin testified that failure to use a K-Wire, which is a type of stabilization wire used in orthopedic surgery, was a departure from good and accepted standards of podiatric medical malpractice, and that too much bone was removed, resulting in toes that were floppy and lax.
The defendant doctor was represented by Michael Sullivan (at left), of the law offices of Heidell, Pittoni, Murphy & Bach. Sullivan noted that there was no testimony refuting medical indications to support surgery and maintained that the procedures were properly carried out. He further disputed the plaintiff’s claim that she did not give informed consent, citing medical records with signatures.
The jury was not charged with the allegation of lack of informed consent but was asked whether the defendant doctor had removed too much bone and whether he should have used a K-wire in two of the surgeries. The jury deliberated an hour before determining that no medical malpractice was committed in the trial that resolved in Kings County Civil Term.
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