A Fulton County jury awarded $4 million to a patient in a medical malpractice lawsuit against hand surgeon Samuel Payne, MD, and Atlanta-based Georgia Hand, Shoulder & Elbow. The jury found that the defendants’ negligence caused her injuries, according to a Sept. 17 final verdict reviewed by Becker’s.
The jury in the State Court of Fulton County entered final judgment Oct. 2. Post-judgment interest accrues at 10% a year, or about $400,000 annually.
Dr. Payne performed trigger finger release surgery on the patients’ left hand Dec. 14, 2016. Her amended complaint alleged that he failed to diagnose and treat an infection in her left middle finger in time. The complaint said the infection led to stiffness and complex regional pain syndrome, and that the patient lost the use of her dominant hand.
The patient, a former emergency department patient registrar, returned to the practice roughly 25 times. The patient’s attorneys said in an Oct. 20 news release shared with Becker’s that the patient went nearly a year without a proper diagnosis, treatment or referral to a specialist.
According to the release, the defense made no settlement offer before trial. The defendants’ insurer also rejected several chances to settle within the $2 million policy limits. Plaintiff’s counsel obtained a spoliation order after records, including an electronic audit trail, were produced late and some were found to have been deleted.
“[The jury’s] verdict sends a clear message: when a patient speaks up about her pain, it matters, and physicians who ignore those warnings will be held accountable,” said Randal Mangham, lead-counsel for the patient in the release.
The defendants have filed a notice of appeal, according to the release.
The legal representative for Georgia Hand, Shoulder & Elbow said in an email to Becker’s that they cannot provide a statement, but noted that they filed their appeal Oct. 26.
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