Woman Gets New Trial in Med Mal Lawsuit
Adeline Papke of Aberdeen South Dakota legs were amputated because of complications following knee-replacement surgery. The South Dakota Supreme court ruled she must get a new trial in her malpractice lawsuit against two doctors. The high court said Adeline Papke is entitled to a new trial because the jury in her first trial was given an improper instruction that probably influenced its decision to rule against her. Papke, who was 70 at the time, fell when her left knee gave out while she was watering flowers in her yard in September 2002. After she was taken to a hospital emergency room, she was evaluated by one of the defendants. Both defendants performed surgery to replace both of Papke's knees in October 2002, but her knees dislocated while she was recovering. The doctors put casts on both of her legs and she developed sores on her feet. Another doctor diagnosed Papke with circulation problems. Her condition worsened and both legs were eventually amputated above the knee. She then sued alleging that her medical treatment fell below the appropriate standard of care.
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