ROANOKE TIMES Copyright (c) 1996, Roanoke Times DATE: Thursday, October 24, 1996 TAG: 9610240034 SECTION: VIRGINIA PAGE: C-1 EDITION: METRO SOURCE: LAURENCE HAMMACK STAFF WRITER
When Julia Showalter awoke from surgery, she knew immediately that something was amiss - the wrong knee was covered with bandages.
Earlier this month in Roanoke Circuit Court, orthopedic surgeon Dr. Bertram Spetzler agreed to settle a medical malpractice lawsuit that accused him of operating on Showalter's right knee, when it was her left knee that required surgery.
Showalter had sued for $500,000, but the settlement amount was not disclosed under the terms of the agreement.
After injuring her left knee in an automobile accident, Showalter, now 20, was scheduled to undergo arthroscopic surgery in 1993 at Lewis-Gale Clinic. Her lawsuit, which also named the clinic as a defendant, claimed that Spetzler performed unnecessary surgery on her right knee, subjecting her to medical expenses, lost wages, "substantial pain, suffering and cosmetic deformity."
Although Showalter has not suffered long-term problems from the surgery, that's always a possibility, said her lawyer, Gordon Shapiro of Roanoke.
"Any time you go in surgically there is a potential for a problem later on," he said.
In a response to the lawsuit filed in Circuit Court, Spetzler's lawyer admitted that surgery was performed on the wrong knee.
Even though Spetzler operated on the wrong knee, he still found a condition that needed correcting and took the necessary steps, according to his lawyer, John Jessee. Still, it was the only time Spetzler has made such a mistake during a long and distinguished career as an orthopedic surgeon, his lawyer said.
And when it was time for the required surgery on Showalter's left knee, she and her family trusted Spetzler so much that they asked him to perform that operation, too, Jessee said.
Showalter could not be reached for comment Wednesday; Shapiro said she had been instructed not to talk about the case under terms of the settlement. Spetzler also could not be reached for comment.
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