Phila. doc, orthopedic practice, Aria Health sued for medical malpractice

By Jon Campisi | Mar 28, 2013

A Bucks County woman has filed a medical malpractice lawsuit against a Northeast

Philadelphia physician and the orthopedic practice at which the doctor works, claiming the defendants’ negligence during a prior procedure led to her developing permanent nerve damage.

Sarah Rogosky, who resides in Bensalem, Pa., asserts in her civil action that Paul H. Steinfeld, an orthopedist with Northeast Orthopaedic Specialists, which does business as The Muscle, Bone & Joint Center, botched an arthroscopic procedure on her left elbow back on April 14, 2011.

The surgery, which took place at Aria Hospital in Northeast Philadelphia, had been recommended by Steinfeld on March 28 of that year, about three weeks after the plaintiff first presented to the doctor with elbow pain, according to the complaint.

During Rogosky’s initial March 4 visit, Steinfeld noted that the woman had a healed left radial head fracture among other injuries, and he placed the plaintiff on a 10-day regimen of medication with a recommendation for physical therapy, the suit states.

The doctor then asked Rogosky to return to his office in three weeks.

One day after her April 14 surgery at Aria, the plaintiff spoke with Steinfeld about a dead sensation she was experiencing in her left arm and an inability to feel her fingers.

Believing there was evidence of radial nerve palsy, Steinfeld ordered Rogosky to undergo an MRI, which subsequently revealed the presence of a hematoma, the complaint states.

About a week later, Steinfeld attempted an aspiration of the hematoma with the assistance of an ultrasound, the suit says, but the aspiration was unsuccessful.

Steinfeld then referred the plaintiff to a doctor identified as David J. Bozentka, who informed Rogosky that the radial nerve in her elbow was not functioning properly.

Bozentka ended up performing a surgical exploration and nerve grafting of the plaintiff’s posterior interosseous nerve on April 28, 2011, the complaint shows.

Nearly a year later, on Feb. 16, 2012, Bozentka performed tendon transfer surgery to address the left radial nerve palsy, the suit states, due to the fact that the plaintiff continued to experience neurological damage, specifically a weak wrist extension.

The complaint asserts that because of the care provided by Steinfeld, Rogosky developed severe and permanent injuries, including neurological injuries that have required surgical intervention, medical care and therapy.

The plaintiff has also undergone “great emotional distress” as a result of the defendants’ alleged negligence, the suit states.

Aside from Steinfeld and the orthopedic practice, Aria Health and Aria Health System are named as additional defendants in the lawsuit.

The complaint contains negligence counts against all four defendants.

The plaintiff seeks more than $50,000 in compensatory damages, plus interest and costs.

Rogosky is being represented by Philadelphia attorneys Daniel Jeck and Joshua B. Schwartz, of the firm Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck.


The case ID number is 130303084.

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