$3.5M Verdict: Hip Surgery Informed Consent Case in Florida
Table of Contents
Case Background
This medical malpractice action arose from a right hip replacement surgery performed at Orlando Orthopaedic Center in Orange County, Florida. Mohamed Abd El Rahman, the Plaintiff, sought treatment for hip problems and underwent surgery on July 23, 2020. Dr. Obinna Adigweme, an orthopedic surgeon employed by Orlando Orthopaedic Center, M.D., P.A., performed the procedure. Following the surgery, Abd El Rahman developed serious complications that prompted him to file suit against both the surgeon and the medical practice. The complaint was filed on September 3, 2021, in the Circuit Court of the Ninth Judicial Circuit, initiating what became a four-year legal battle that concluded with a jury trial in July 2025.
Cause
Abd El Rahman alleged that Dr. Adigweme committed medical negligence during the hip replacement surgery. The Plaintiff claimed the surgeon negligently caused nerve damage in his right leg while performing the procedure. He further alleged that the hip implant was improperly sized or incorrectly placed. A central element of the lawsuit involved the informed consent process. Abd El Rahman maintained that Dr. Adigweme failed to adequately explain the risks associated with the surgery, particularly the possibility of developing foot drop. The Plaintiff argued he never would have agreed to the operation if the doctor disclosed all material risks beforehand.
Injury
The surgery left Abd El Rahman with significant and lasting injuries. He developed nerve damage in his right leg that caused foot drop, a condition that impairs the ability to lift the front portion of the foot during walking. The Plaintiff experienced persistent pain around the surgical site that radiated throughout the affected area. He suffered loss of mobility that affected his daily activities. The injuries resulted in physical impairment and disfigurement. Abd El Rahman claimed these complications diminished his quality of life and his capacity to enjoy normal activities he previously took for granted.
Damages Sought
The Plaintiff sought monetary damages exceeding thirty thousand dollars. He demanded compensation for past and future medical expenses incurred to treat his injuries. Abd El Rahman also sought damages for pain and suffering, physical disability, disfigurement, inconvenience, and loss of enjoyment of life. The complaint requested a jury trial on all issues and asked the Court to award costs, interest, and any other relief deemed appropriate.
Key Arguments and Proceeding
Legal Representation
Plaintiff: Mohamed Abd El Rahman
· Counsel for Plaintiff: Benjamin Korn
Defendants: Orlando Orthopaedic Center, M.D., P.A. d/b/a Orlando Orthopaedic Center and Obinna Adigweme, M.D.
· Counsel for Defendants: Thomas E. Dukes, III | Zachary D. Trapp | Thomas Suri
· Experts for Defendants: Guy D. Paiemen | Juan Alvarez
Claims
The Plaintiff brought two counts of medical negligence. Count One targeted Dr. Adigweme directly for his actions during surgery. The complaint alleged the surgeon failed to properly perform the hip replacement, caused nerve damage during the operation, failed to use an appropriate implant, and failed to properly place the prosthesis. Abd El Rahman also claimed Dr. Adigweme did not conduct adequate pre-surgical preparation, failed to account for the Plaintiff's anatomy, and provided inadequate post-surgical care. Count Two held Orlando Orthopaedic Center vicariously liable for Dr. Adigweme's actions as his employer. The Plaintiff invoked the legal doctrine of respondeat superior, which holds employers responsible for negligent acts committed by employees within the scope of their employment.
Defense
The Defendants filed their answer in November 2023, denying the negligence allegations. They acknowledged that Dr. Adigweme performed the surgery and that Orlando Orthopaedic Center was vicariously responsible for his actions, but denied any breach of the standard of care. The defense raised nine affirmative defenses. They argued Abd El Rahman was partly responsible for his own injuries through comparative negligence. The Defendants claimed other unidentified parties may have caused the Plaintiff's injuries. They sought to limit damages through various statutory provisions, including caps on non-economic damages under Florida law. The defense also argued that medical expense claims should be limited to amounts actually paid rather than amounts billed.
Jury Verdict
The jury returned its verdict on July 25, 2025. On the first question asking whether Dr. Adigweme was negligent in a manner that legally caused injury to Abd El Rahman, the jury answered no. The jury rejected the claim that the surgeon's performance during the operation fell below the accepted standard of care.
However, the jury reached a different conclusion on the informed consent claim. The jury found that Dr. Adigweme was negligent in obtaining informed consent from Abd El Rahman for the right hip replacement surgery. This failure constituted a legal cause of injury to the Plaintiff. The jury also determined that Abd El Rahman would not have consented to the surgery if Dr. Adigweme had properly informed him of the risks involved in the procedure.
Based on the informed consent finding, the jury awarded substantial damages. For pain and suffering, disability, physical impairment, disfigurement, inconvenience, and loss of capacity for the enjoyment of life, the jury awarded 1 million (one million dollars) for past damages and 2.5 million (two million five hundred thousand dollars) for future damages. For medical expenses, the jury awarded $22,000 (twenty-two thousand dollars) for past expenses and $8,250 (eight thousand two hundred fifty dollars) for future medical costs.
The total jury verdict amounted to three million five hundred thirty thousand two hundred fifty dollars ($3,530,250.00). The verdict was signed and filed in open Court on July 25, 2025.