Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What should I do if I have been injured by another party but I can’t afford a lawyer?”
How long does it take to get a medical malpractice case into the hands of a jury? Eleven years and counting, at least for one North Carolina plaintiff. Sadly, Pamela Justus did not live to see her claims against neurosurgeon Michael Rosner, Park Ridge Health and Adventist Health litigated in a court of law.
Jurors in Henderson County Superior Court viewed Ms. Justus’ video testimony on Monday. The testimony was recorded more than two years ago—before Justus’ death. Justus said she hoped her lawsuit would keep what happened to her from happening to anyone else.
Mrs. Justus has alleged that Dr. Rosner performed unnecessary spinal procedures which failed to correct her medical problems of pain and fatigue and created additional medical problems, including neck and back pain, severe headaches, nausea and a paralyzed vocal cord. Dr. Rosner performed the surgeries in 2000 and 2001. Mrs. Justus died on Sept. 20, 2012.
Dr. Rosner’s medical license has been suspended repeatedly by the N.C. Medical Board. The board found in 2003 that Dr. Rosner had performed unnecessary surgeries on at least eight patients, including Mrs. Justus. In his spinal decompression surgeries, Dr. Rosner would carve away portions of the spine and the back of patients’ skulls in order to treat chronic pain conditions such as fibromyalgia. More than 20 lawsuits have been filed against Dr. Rosner alleging medical malpractice and professional negligence. Mrs. Justus filed her lawsuit in 2003.