Unruh V. Nizza Et Al

Case Background

On July 22, 2022, Deborah Unruh filed a medical malpractice case alleging that her radiologist misdiagnosed her foot fracture as a sprain. The case was filed in the United States District Court, Maryland (Baltimore). Magistrate Judge J. Mark Coulson presided over this case. [Case number: 1:22cv1810]

Cause

On July 2, 2020, Deborah Unruh was vacationing on Maryland’s Eastern Shore when she slipped on a wet deck and injured her left foot. She visited the ER at Atlantic General Hospital in Berlin, MD, where they took an X-ray.

Dr. David Nizza of Delmarva Radiology, P.A. reviewed the image and determined there was no acute fracture, diagnosing her with a simple ankle sprain.

Unruh relied upon this diagnosis and continued to work through the pain. However, her ankle did not improve. On July 24, 2020, she sought further medical attention and had a second X-ray. This time, the diagnosis was corrected to a comminuted Lis Franc fracture. A few days later, Unruh underwent surgery to repair the fracture, which included the implantation of screws in her foot.

Injury

Unruh suffered from pain, swelling, numbness, tingling, deformity, arthritis, neuropathy, hardware, and painful hardware in her left foot.

Damages

Unruh sought damages for her medical bills and the emotional, mental, and psychological suffering and pain she had to undergo.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Deborah Unruh
    • Counsel for Plaintiff(s): Jeffrey Scott Quinn
  • Defendant(s): M.D. David Nizza | Delmarva Radiology, P.A. | Atlantic General Hospital Corporation[Terminated: 11/01/2022]
    • Counsel for Defendant(s): Curtis H Booth

Claims

Unruh filed a lawsuit against Dr. Nizza, alleging negligence, and claimed that he failed to meet the standard of care by misreading the X-ray. She argued that the delay in diagnosing the fracture caused her to place weight on her foot, worsening her condition.

Defense

Nizza’s defense rested on two points. First, he argued that his interpretation of the x-ray was within the standard of care. Second, the radiologist contended that the fracture was displaced. According to Nizza, the outcome—surgical repair and Unruh’s pain—would have been the same, even if the fracture had been diagnosed earlier.

Jury Verdict

On October 10, 2024, the jury returned a mixed verdict. It determined that Nizza violated the standard of care but found that this breach did not cause any injury. As a result, the jury returned a defense verdict, and the court entered judgment in favor of the doctor in this medical malpractice lawsuit.

Court Documents:

Available for purchase upon request