In a gripping legal battle that has surfaced in Pinellas County, Florida, a woman has taken her medical malpractice claims to court following a surgery that allegedly left her with significant physical impairments. Lynn Forest-Smith filed the complaint on March 27, 2025, against Dr. Mark D. Torke and the Musculoskeletal Institute Chartered, doing business as Florida Orthopaedic Institute.

The lawsuit, lodged in the Circuit Court for Pinellas County, revolves around an elective total hip replacement (THR) surgery performed by Dr. Torke on September 1, 2022. Forest-Smith alleges that post-surgery complications resulted in a substantial leg length discrepancy (LLD), causing her ongoing pain and disability. The complaint accuses Dr. Torke of negligence under the doctrine of Res Ipsa Loquitor and asserts that his actions were below the standard of care expected from similarly trained orthopedic physicians.

According to the filing, Forest-Smith was informed by Dr. Torke during a follow-up visit that her right leg was only slightly longer than her left by about 6-8 millimeters—a common occurrence expected to resolve with exercise. However, subsequent evaluations revealed a more severe discrepancy ranging from 16 to over 25 millimeters. This discrepancy far exceeds the acceptable limit of 10 millimeters or less and is cited as evidence of medical negligence.

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