Surgeon faces $25 million lawsuit after procedure ends famous soccer player’s career
Key Takeaways
Industry Buzz
“In high-value malpractice claims, such as the Jake Gleeson case, a lack of proper documentation would greatly increase the likelihood of a multimillion-dollar judgment against the physician and hospital.” — John Fitch, JD, Ohio-based personal injury lawyer, founder of Fitch Law Firm
A doctor is facing a $25 million lawsuit for allegedly violating sanitation protocols while conducting shin surgery on a soccer goalie in 2018.[] After the surgery, former Portland Timbers goalie Jake Gleeson developed infections that required multiple additional surgeries, ultimately ending his soccer career.
John Fitch, JD, an Ohio-based personal injury lawyer and the founder of the Fitch Law Firm, says that if this type of medical negligence is proven in a court of law, it can result in civil liability and disciplinary action against the doctor.
“Under federal and state laws, doctors and healthcare facilities are required to adhere to strict sterilization protocols set by regulatory bodies,” Fitch elaborates. “Additionally, all hospitals and surgical centers must maintain comprehensive sterilization logs, ensuring that each surgical implant has been properly processed, stored, and verified before use. Any deviation from these protocols is a direct breach of the standard of care, exposing the physician and the facility to litigation.”
What went wrong
When sterilization processes are not followed, doctors can subject patients to “catastrophic consequences,” including infections, injuries, mental health repercussions, and permanent damage, Fitch says. Regulatory bodies that set sterilization protocols can include the CDC, The Joint Commission (TJC), and the FDA.
It is essential for doctors to follow sterilization protocols to keep patients safe and to document their sterilization protocols to avoid lawsuits.
This is because “in medical malpractice litigation, documentation is the primary defense against liability claims,” Fitch says. “It provides legal proof that a physician acted within the standard of care and followed all sterilization protocols.”
For legal purposes, Fitch says, it is important for doctors to keep documentation such as:
Sterilization logs
Chain-of-custody records
Preoperative and intraoperative notes
FDA compliance documentation
“If any of these records are missing, the burden of proof shifts to the physician, making it significantly easier for a plaintiff to establish negligence,” Fitch says. “In high-value malpractice claims, such as the Jake Gleeson case, a lack of proper documentation would greatly increase the likelihood of a multimillion-dollar judgment against the physician and hospital.”
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