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Professional Negligence Law Reporter

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Negligent Recommendation of Total Knee Replacement

July/August 2019

Standley v. Rech, No. 16-019088 (Fla. Cir. Ct. Broward Cnty. Apr. 9, 2019).

Matthew Standley, 51, had a history of osteomyelitis, bone disease, 14 knee surgeries, and numerous skin grafts and muscle harvests. When he experienced pain in his left knee, he consulted osteopathic orthopedic surgeon Melvyn Rech. Several weeks later, Rech performed a left knee arthroscopy, meniscectomy, chondroplasty, and hardware removal on Standley. Several months after these procedures, Rech performed a total knee replacement on Standley.

At Standley’s postoperative evaluation two weeks later, Rech prescribed Keflex. Within two weeks, however, Standley went to a hospital emergency room, complaining of severe knee pain and drainage. Rech did not respond to several nurses’ calls, and Standley was subsequently admitted for treatment of cellulitis and a possible hardware infection. Rech examined Standley the next day and recommended that he be treated on an outpatient basis. Two days later, Standley went to another hospital, where he was diagnosed as having an E. coli infection and osteomyelitis. As a result, he later required an abovethe-knee amputation of his left leg.

Standley and his wife sued Rech, alleging he negligently recommended a total knee replacement despite the high risk of severe infection, failed to order prophylactic antibiotics, and failed to timely respond to the emergency room nurses’ calls.

Suit did not claim lost income.

The jury awarded more than $11.88 million, including $1.1 million to Standley’s wife.

Plaintiff counsel: David Sampedro, Miami.