KMK Attorney William A. Posey Wins $1.372 MM in Medical Malpractice Case Including $500,000 in Punitive Damages Against GCPMC for Altering or Falsifying Records

In a jury decision this afternoon, attorney William A. Posey won a $1.372 million decision for his clients, David and Karen Krause, in a medical malpractice suit against Dr. Lawrence Rothstein and his employer, the Greater Cincinnati Pain Management Centers (GCPMC), in Judge Steven Martin’s courtroom at the Hamilton County Court of Common Pleas.

The decision is based on $772,000 in compensatory damages to David and Karen Krause, $100,000 in compensatory damages for loss of consortium for Karen Krause, and $500,000 in punitive damages against GCPMC for altering or falsifying medical records.

The lawsuit arose out of a cervical epidural steroid procedure performed by Dr. Rothstein on David Krause in January 2006. After the procedure, Mr. Krause was left with debilitating and permanent injuries to his right hand and arm and his left leg. The jury found that Rothstein failed to inform his patient, Mr. Krause, prior to the cervical epidural steroid procedure of appropriate alternative medical treatments available to him. The jury also found that Rothstein failed to provide the patient with information necessary to have informed consent to the procedure.

In addition, the jury found GCPMC altered or falsified medical records in an effort to escape legal liabilities for the treatment provided to Mr. Krause.

“This is one of the most significant damage decisions in medical malpractice cases in this area because the jury found that Greater Cincinnati Pain Management Centers intentionally altered or falsified medical records to avoid liability for medical negligence,” stated Posey, attorney for the plaintiffs. “I am very pleased with this outcome for my clients. David and Karen Krause were significantly injured by the negligent care provided by Dr. Rothstein. They deserved to be compensated for the injuries Mr. Krause suffered.”

About William A. Posey
William A. Posey is a partner with Keating Muething & Klekamp PLL (KMK). His practice involves all aspects of litigation with particular emphasis in representing both plaintiffs and defendants in personal injury and product liability litigation; medical malpractice; insurance coverage; complex and multi-district litigation; and, being a pilot, his practice also focuses on aviation law including aircraft accidents. He has been admitted pro hac vice to serve as lead trial counsel on behalf of clients in sophisticated litigation in more than 30 jurisdictions. He has lectured on topics relating to accident reconstruction, use of experts, trial skills and strategies, damages, insurance coverage and bad faith issues. For the fifth consecutive year, Posey has been named to Ohio Super Lawyers® in the areas of personal injury and general plaintiff litigation.

About Keating Muething & Klekamp PLL
The law firm of Keating Muething & Klekamp, based in Cincinnati, Ohio, was founded in 1954. KMK has approximately 115 lawyers and a support staff of 150 employees. For more than 50 years, KMK has contributed to the success of many businesses, from Fortune 500 corporations to small start-up companies. KMK’s mission is to provide high quality legal counsel to business clients by meeting their identified needs and developing appropriate solutions. KMK’s vision is to excel as a law firm by recruiting and retaining the highest quality attorneys and personnel with diverse social, ethnic, and political backgrounds.