By Jeff Lehr
jlehr@joplinglobe.com
A Jasper County jury returned a verdict Tuesday in favor of a Joplin cardiologist and St. John’s Regional Medical Center in the trial of a malpractice lawsuit brought by a Kansas couple.
Mark and Rita Bolejack, of Girard, sued Dr. Richard Wolf and the hospital after a cardiac catheterization of Mark Bolejack three years ago. They alleged that Wolf ruptured the patient’s right femoral artery during the catheterization and discharged him from the hospital prematurely while the condition of his leg was deteriorating from internal bleeding.
A jury was selected Feb. 24 to hear the case in Jasper County Circuit Court, with Joplin attorney Roger Johnson representing the plaintiffs and Springfield attorney Randy Cowherd representing the defendants. Jurors returned their verdict in favor of the defendants at the conclusion of the seven-day trial.
The plaintiffs were seeking $5.4 million in past and future damages.
They alleged that Wolf was negligent in injuring the artery and in failing to recognize the injury he caused in April 2006. The plaintiffs claimed that nurses at the hospital became aware that the patient was bleeding internally after the procedure and paged Wolf, but he did not return to the hospital or respond to the page.
The Bolejacks alleged that the nurses then were negligent in not finding another physician to attend the patient. They claimed that Bolejack was discharged from the hospital a day after being admitted for the procedure despite being unable to walk and still hemorrhaging internally.
The lawsuit claimed that Bolejack suffered permanent nerve damage as a consequence of the alleged negligence, and that he must take medication for pain from the injury that negatively affects his and his wife’s quality of life.
The defense maintained throughout the trial that the doctor and nurses committed no negligent acts or omissions in treatment and care of the patient, and that the rupturing of the artery and internal bleeding took place after his discharge from the hospital.
