Greenwood Leflore Hospital is asking for a new trial after a judge awarded a Carrollton woman $285,000 in a malpractice lawsuit.
Kathleen Garrett, a longtime clerk at Pyco Oil Mill, suffered a cut nerve during elbow surgery at the hospital in 2005. As a result, she couldn’t move her left wrist or extend her fingers on that hand, according to court records.
Circuit Judge Margaret Carey-McCray ruled Nov. 30 that the surgeon, Dr. Joseph “Asa” Bennett, “breached the standard of care” when he moved his instruments away from the joint during the surgery, cutting the nerve.
Bennett admitted to splitting the nerve but argued in court filings that he had followed proper procedures and was not negligent.
“Complications, including nerve injury, can and do occur during arthroscopic surgery of the elbow even when due care is taken during the procedure,” court records said.
A hospital spokesperson declined to comment. Bennett and Tommy Williams Jr. of Greenwood — the attorney for the hospital and Bennett — could not be reached for comment Tuesday afternoon.
Garrett and her attorney, Jonathan Fairbank of Jackson, both also declined to comment, saying the case is still pending.
The initial injury came when Garrett fell from a horse in 1990. Problems with the joint gradually worsened. She reported locking in her elbow and trouble holding her first grandchild.
In 2005, when she was 52, Garrett consulted Bennett, and the orthopedic surgeon recommended removing bone fragments.
During surgery, inflamed tissue in the joint prevented Bennett from getting a clear view through an arthroscopic lens, but he said in court documents there were no complications.
The operation lasted about two hours and 40 minutes.
An expert for the plaintiff, Dr. Edward Season of Columbus, Ohio, testified that in his opinion Bennett should have stopped the arthroscopic procedure after an hour and gone to open surgery.
A defense expert, Dr. William Geissler of the University Medical Center in Jackson, said Bennett’s actions didn’t equate to negligence.
After the surgery, Garrett lost movement in her left wrist and hand. A second procedure — that time with a Memphis surgeon — revealed the radial nerve was severed.
The injury affected her work performance at Pyco, Garrett said in court documents, making it difficult for her to type or file. She also reported emotional scarring.
She filed the lawsuit in November 2006, and a non-jury trial was held in December 2008.
Garrett incurred more than $55,000 in medical expenses, and she had requested $500,000, the maximum amount allowed under state law.
Williams, the hospital’s attorney, asked for the new trial because he said Carey-McCray’s ruling was made against the evidence. Fairbank, Garrett’s attorney, responded that the ruling was correct and should be upheld.
Carey-McCray has yet to issue a ruling on the request for another trial.
