Date: 12-30-2014

Case Style: Mark S. Greenhaw v. Timothy John Siegfried, DPM and Metro Tulsa Foot and Ankle Specialists, P.L.L.C.

Case Number: CJ-2012-3784

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Fred Stoops, Joe Lacourse, Karman Stoops

Defendant's Attorney: Mike Hill, Tara Goodnight and Jennifer Struble

Description: COMES NOW the plaintiff, Mark S. Greenhaw, by and through his attorneys of record,
Fred E. Stoops, Sr., Joel A. LaCourse, Karman J. Stoops, and the law firm of Stoops &
LaCourse, PLLC, upon information and belief, and for his causes of action and claims for relief
against Timothy John Siegfried, DPM, individually, (hereinafter “Dr. Siegfried”) and Metro
Tulsa Foot and Ankle Specialists, PLLC, (hereinafter “Metro”); alleges and states as follows:
PARTIES E
1. The Plaintiff, Mark S. Greenhaw, at all times relevant hereto, is an individual
residing in Tulsa County, Oklahoma.
2. Timothy J. Siegfried, DPM is a physician who, at all times relevant, was licensed
to practice medicine in the State of Oldahoma and has an office located in Owasso, Tulsa County, Oklahoma,
3. Metro Tulsa Foot and Ankle Specialist, PLLC is an Oklahoma Professional Limited Liability Company doing business in Owasso, Tulsa County, Oklahoma. The Oklahoma Secretary of State lists Raymond C. Hurlbutt, DPM, 421 W. Washington, Broken Arrow, OK, 74012, as the registered service agent.
JIJIUSDICTION AND AUTHORITY
4. This action is brought before this Court for the reason that it may exercise jurisdiction on any basis consistent with the Constitution of the State of Oklahoma and the Constitution for the United States. 12 0.5. §2004(F).
5. Pursuant to 12 0.S. §133, venue to proper for the reason that the acts complained of herein occurred in Tulsa County, Oklahoma.
6. This action is brought before this Court against a business that is licensed under the laws of the State of Oklahoma for damages and injuries based on torts arising out of patient care. 63 O.S. §860.4.
7 Pursuant to 12 O.S. §2004(F), this Court has subject jurisdiction over the claims asserted herein.
FACTS COMMON TO ALL CAUSES OF ACTION
8. Paragraphs one (1) though seven (7) are incorporated by reference as if set forth verbatim.
9. This lawsuit results from the negligence of the defendants in their medical care and treatment of Mark S. Greenhaw.
10. On or about May 8, 2008, Mark Greenhaw was referred to and presented to Dr. Siegfried at Metro Tulsa Foot and Ankle Specialists in Owasso Oklahoma because of Mr. Greenhaw’s complaints of pain in the right ankle and Achilles tendon, which had been previously diagnosed by Mr. Greenhaw’s primary care physician as a healing partial tear of the right Achilles tendon. At that time, Dr. Siegfried placed a short hard cast on the right ankle.
Ii. Almost immediately following the placement of the cast, Mr. Greenhaw began to experience persistent and severe pain, swelling and discoloration of the lower right extremities.
12. On or about June 2, 2008, Plaintiff presented to Saint Francis Hospital to undergo venous imaging, which revealed a Deep Vein Thrombosis (DVT) of the right common femoral, superficial femoral, popliteal and posterior tibial veins. The DVT was attributed to the hard cast that was negligently placed upon the Plaintiff by Dr. Siegfried at Metro. Upon diagnosis of the DVI, Mr. Greenhaw was immediately admitted to the hospital for anticoagulation and was monitored for signs of pulmonary embolus (PE) for several days.
13. On or about June 6,2008, Plaintiff was released from the hospital and was placed on home healthcare in order to frirther monitor the DVI for signs of PE, and was prescribed Lovenox shots and Coumadin.
14. Unfortunately, as a result of Dr. Siegfried’s negligent placement of the hard cast, Mr. Greenhaw never fUlly recovered, and consequently, he now suffers from postphlebitic syndrome.
15. As a result of Dr. Siegfried’s negligence, Plaintiff had to spend time in the hospital and now has a permanent disability, postphlebitic syndrome.
16. That as a result of the negligence of Dr. Siegfried, Plaintiff continues to have severe pain, chronic swelling, ulcerations and discoloration of his right leg. He also has difficulty walking or standing for long periods of time, which interferes with his ability to adequately perform his job duties and causes the Plaintiff great pain and discomfort.
17. Further, as a result of the negligence of Dr. Siegfried, Mr. Greenhaw will have to take medication for the remainder of his life and his leg will require indefinite monitoring and diligence.
18. That as a result of the negligence of Defendants, Plaintiff has made repeated trips to the doctor in order to alleviate his symptoms.
19. Timothy John Siegfried, DPM was the treating physician who negligently placed the hard cast upon Plaintiffs right ankle, which was the cause of Plaintiff’s DVT and subsequent development of postphlebitic syndrome.
20, As a result of the negligence of Timothy John Siegfried, DPM and the staff of Metro Tulsa Foot and Ankle Specialists, PLLC, Mark Greenhaw has suffered severe and permanent injuries, pain and suffering, emotional and mental trauma, has incurred medical expenses and will continue to incur future medical expenses.
21. As a result of the negligence of Timothy John Siegfried, DPM and the staff of Metro Tulsa Foot and Ankle Specialists, PLLC, Plaintiff, Mark Greenhaw, has suffered and will continue to suffer mental and emotional trauma as well as economic damages.
CAUSE OF ACTION
FIRST CLAIM FOR RELIEF - BREACH OF TIlE STANDARD OF CARE
22. Pursuant to 12 0.5. §2010(B) and (C), Plaintiff hereby adopts by reference each and every allegation set forth in detail in paragraphs 1 through 21.
23. Mark Greenhaw suffered injuries, previously described above.
24. Timothy John Siegfried, DPM, previously described herein, failed to properly evaluate and treat Mr. Greerthaw, to use his best judgment with regard to Mr. Greenhaw, and he either did not possess or exercise that degree of knowledge, skill, care and diligence possessed or exercised by physicians in his same field of practice.
25. Metro Tulsa Foot and Ankle Specialists, PLLC provided the staff that assisted Dr. Siegfried during the evaluation and treatment of Mr. Greenhaw, and that failed to use their best judgment with regard to Mr. Greenhaw.
26. Plaintiffs injuries could have been prevented and were the direct result of the aforementioned acts and omissions of Timothy John Siegfried, DPM and the staff of Metro Tulsa Foot and Ankle Specialists, PLLC.
27. The plaintiff tnsted and relied upon the professional opinions rendered by Defendants and followed Defendants’ medical advice and treatment.
28. The conduct of Dr. Siegfried constitutes a breach of the standard of care a physician owes to a patient for which he is liable and for which Plaintiff is entitled to recover actual or compensatory damages.
29. Further, the conduct of Dr. Siegfried and the staff of Metro Tulsa Foot and Ankle Specialists, PLLC constitutes a misuse and abuse of their medical authority; having taken advantage of Mr. Greenhaw’s weakness, disability, and misfortune in a wanton and reckless disregard for his rights for which they are liable and for which Plaintiff is entitled to request for and recovery of exemplary or punitive damages.
WHEREFORE, premises considered, Plaintiff prays this Court grant him relief in the form of judgment against Defendants for actual and compensatory damages in excess of $75,000.00, assess exemplary or punitive damages in an amount to be determined by a jury which is commensurate with Defendants’ financial status and sufficient to punish and make an example of them, as well as, to deter others similarly situated from like behavior, award attorney’s fees and costs, accruing interest and any just further relief as this Court deems equitable and just.
SECOND CLAIM FOR RELIEF - liES IPSA LOQUITOR
30. Pursuant to 12 0.5. §2010(B) and (C), Plaintiff hereby adopts by reference each and every allegation set forth in detail in paragraphs 1 through 29.
31. Plaintiff has suffered from injuries, previously described herein.
32. Plaintiff’s injuries could have been prevented and were directly caused by the failure to observe, monitor, treat, utilize best judgment, communicate, and possess or exercise knowledge, skill, care and diligence, previously described herein, all of which were solely within the control of Timothy John Siegfried, DPM and Metro Tulsa Foot and Ankle Specialists, PLLC.
33. Injuries such as Plaintiffs do not ordinarily occur under the circumstances in the absence of negligence on the part of Dr. Siegfried and Metro.
34. The conduct of Dr. Siegfried and Metro constitutes a presumption of negligence and medical malpractice, res ipsa loquitor for which they are liable and for which Mr. Greenhaw is entitled to recover actual or compensatory damages.
35. Further, the conduct of Dr. Siegfried and Metro constitutes a misuse and abuse of their medical authority and took advantage of Mr. Greenhaw’s weakness, disability and misfortune in a wanton and reckless disregard for his rights for which they are liable and for which Mr. Greenhaw is entitled to recover punitive damages.
WHEREFORE, premises considered, Plaintiff prays this Court grant him relief in the form of judgment against Defendants for actual and compensatory damages in excess of $75,000.00, assess exemplary or punitive damages in an amount to be determined by a jury which is commensurate with Defendants’ financial status and sufficient to punish and make an example of her, as well as, to deter others similarly situated from like behavior, award attorney’s fees and costs, accruing interest and any just further relief as this Court deems equitable and just.
Tififil) CLAIM FOR RELIEF - VICARIOUS LIABILITY
36. Pursuant to 12 0.5. §2010(B) and (C), Plaintiff hereby adopts by reference each and every allegation set forth in detail in paragraphs 1 through 35.
37. At all times relevant to this action, Timothy John Siegfried, DPM was an employee/agent of Metro Tulsa Foot and Ankle Specialists, PLLC and was acting within the scope of his employment.
38. That Metro Tulsa Foot and Ankle Specialists, PLLC, as the employer of Timothy John Siegfried, DPM, is vicariously liable for his acts of negligence against Mark Greenhaw.
39. At all times relevant to this action Metro Tulsa Foot and Ankle Specialists, PLLC was responsible for the actions of their employees/agents who were was acting within the scope of their employment.
WHEREFORE, premises considered, Plaintiff prays this Court grant his relief in the form of judgment against Defendants for actual and compensatory damages in excess of $75,000.00, assess exemplary or punitive damages in an amount to be determined by a jury which is commensurate with Defendants’ financial status and sufficient to punish and make an example of them, as well as, to deter others similarly situated from like behavior, award attorney’s fees and costs, accruing interest and any just further relief as this Court deems equitable and just.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: