medical malpractice
"The right of trial by jury shall be secure to all and remain inviolate"
Florida Constitution
Article 1 Section 22 (1885)

October 29, l996

Tuesday, October 29, 1996
Trial begins in surgery that caused paralysis

By SUE CARLTON
Times staff Writer


TAMPA - Four years ago this month, Pat McEachern was fixing dinner for her family, enjoying a football game on television, living a normal, if unremarkable, life.
     It was Oct. 18, 1992, a night when a chain of events began that would leave McEachern, then 50, paralyzed on the right side of her body.
     It also would lead to a crusade for hospital patients' rights and a lawsuit that blames her condition on a medical resident who was allowed to perform a surgical procedure while a more experienced doctor looked on.
     "She had her health, and she had her happiness," attorney Wil Florin told a jury as the civil case opened Monday, pointing out his client's cane and the brace on her leg. "The biggest thing you'll hear that she lost (is that before), she didn't bear the burden of worrying about being a burden."
     But attorney David Banker, representing the Florida Board of Regents, the defendant in the lawsuit, told the jury it was not there to make decisions about medical education or how residents should be trained. He said its job was to decide if Daniel Bierne, who was in a radiology residency program through the University of South Florida College of Medicine, had been negligent.
     Banker contended that Bierne did exactly what he was told to do, and that other factors, including the delicate brain surgery McEachern later underwent, could well have caused the paralysis.
     McEachern had just made dinner for her family that night when she went to lie down with a headache. Her family later found her ill and unresponsive, and took her to a hospital.
     A brain aneurysm was suspected, and she was transferred to Tampa General Hospital. There, doctors scheduled a cerebral angiogram, in which a catheter is inserted through the body to inspect the brain.
     A doctor discussed the risks of the procedure with McEachern. Florin told the jury that the doctor then introduced Bierne as his assistant but didn't say that Bierne, four months out of medical school, was a resident who had done the procedure four times.

 

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