Professional Negligence Law Reporter

Medicine

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Negligent performance of ankle surgery on professional athlete

January/February 2023

Professional football player Michael Cox broke his leg and injured his ankle during a game. He consulted orthopedic surgeon Dean Lorich, who surgically repaired Cox’s ankle. The procedure failed to address a cartilage injury to the talus, however, which left Cox unable to continue playing professional football.

Cox sued Lorich, who died a year after the lawsuit was filed, and the Hospital for Special Surgery, alleging medical negligence and failure to obtain informed consent.

The jury awarded $28.5 million, including $12 million for past lost income.

Citation: Cox v. Lorich, No. 805214-2016 (N.Y. Sup. Ct. New York Cnty. Sept. 23, 2022).

Plaintiff counsel: AAJ member Jordan Merson, New York City.