Bruce Keplinger and Emily Tung received a defense verdict following a five day medical malpractice bench trial in Douglas County, Kansas. Both parties had consented to a bench trial due to COVID. The Court determined the plaintiff had failed to meet her burden of proof on an informed consent claim and a medical malpractice claim against an orthopedic surgeon following a capsular release and manipulation procedure.
The Court determined that the evidence established that plaintiff was appropriately informed of the risks and benefits of the procedure and elected to go forward with the procedure. The Court also determined that the procedure was appropriately performed and plaintiff’s shoulder was not dislocated when examined by the orthopedic surgeon following the procedure.
