Medical Malpractice Case Ends in Hung Jury in Virginia

A $1 million malpractice civil lawsuit against a prominent Culpeper, Va., doctor has resulted in a hung jury.

Jurors told the Culpeper County Circuit Court judge Thursday that they were at a standstill after 11 hours of deliberation over two days in the case of orthopedic surgeon Dr. Robert Rutkowski.

The Culpeper Star-Exponent reports that the jury was deciding Rapidan resident Carol Nettles’ civil claim against Rutkowski.

Nettles claims an October 2011 clavicle surgery done at the Virginia Orthopaedic and Spine Center left her suffering with severe and permanent injury and pain to her left collarbone and disfigured left shoulder.

She’s asking for $538,000 for pain and suffering.

Her attorney argued doctors have a responsibility for damage they cause. A defense witness testified that Rutkowski’s technique was perfectly appropriate.