Jury Finds Dubuque Hospital Not Negligent

December 23, 2007

A jury ruled a Dubuque, Iowa hospital not negligent in a case involving a patient who developed a bone infection following surgery.

Daniel Day of Dubuque alleged Finley Hospital negligent in giving credentials to Dr. Michael Arnz, a Dubuque podiatrist. Day developed a bone infection after Arnz performed surgery using a circular frame, which necessitated the insertion of surgical pins through Day’s right tibia.

Arnz was removed from the lawsuit after earlier agreeing to a confidential settlement.

Day sought about $2.5 million for loss of earnings and about $1.5 million for future medical expenses from Finley.

Dubuque County District Court Judge Lawrence Fautsch ruled Arnz’s procedure was within the scope of practice of a podiatrist according to Iowa Administrative Code.

The jury began deliberations Thursday evening and the verdict was reached the next afternoon.