He also "released" the *112 tissue that was pulling the kneecap to the outside, thus allowing the kneecap to center itself better. In October of 1991, Herbert performed arthroscopic surgery during which he smoothed the surface of the joint. In other words, the underside of the kneecap was rubbing against the thigh bone because the kneecap, instead of aligning in a centered and even fashion, was being pulled to the side, where it was closer to the bone. Herbert, examined Ferguson and diagnosed his problem as arthritis due to improper "tracking" of the kneecap. According to Ferguson, he asked about the possibility of arthroscopy and Panzarella replied that it was unnecessary.īetween December of 1990 and September of 1991, Ferguson consulted with several physicians. Again he rejected Panzarella's recommendation of a steroid injection. Ferguson saw Panzarella once more on April 19, 1991.
At about this same time, his physical therapy was suspended.
He saw Panzarella again on February 8, 1991, at which time he refused Panzarella's suggestion of another steroid injection because the procedure was very uncomfortable and the previous injection had been ineffectual. He received several anti-inflammatory medications and, in December of 1990, a steroid injection to reduce swelling in the knee.īy this point, Ferguson testified, he became "disgusted" with Panzarella because he was not receiving any relief from the pain, and so he began seeking another doctor. According to Ferguson, throughout this period he complained to the physical therapist and to Panzarella that he was in pain and that his knee did not feel right. This was done, and Ferguson attended therapy five days a week through August and September, and then two to three days a week. In mid-July, Ferguson began physical therapy, but due to his dissatisfaction with the provider he asked Panzarella to arrange for the therapy elsewhere. In early June of 1990, Panzarella replaced the cast Ferguson had been wearing with a Bledsoe brace to allow flexing of the leg within a controlled range. Thereafter Ferguson saw Panzarella at intervals of two to three weeks. Panzarella performed surgery on April 29, 1990, to repair the damage. Panzarella, an orthopedic surgeon employed by Appellee Geisinger Medical *111 Group. Ferguson, sustained a knee injury, a rupturing of the right quadriceps tendon, which connects the quadriceps muscle in the thigh to the patella or kneecap. The Superior Court affirmed, 445 Pa.Super. 540 (1927), the issue of negligent after-care should not have gone to the jury.
#PANZARELLA TRIAL#
The trial court granted the defendants a new trial, holding that under Gentile v. This is a medical malpractice case involving claims of negligence in the performance of surgery and in post-operative care. Felicio, Lewisburg, for Panzarella, et al.īefore FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.
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