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.
Forest-Smith's legal team argues that Dr. Torke not only failed in performing the surgery correctly but also misled their client regarding the severity of her condition. "Falsely informing the Plaintiff that her leg length discrepancy was within acceptable tolerance was nothing more than an attempt by Dr. Torke to hide the negligence he had committed," states one section of the complaint.
The plaintiff seeks compensation for long-term disability, disfigurement, bodily injury, pain and suffering, and other damages resulting from what she describes as negligent treatment and care by both Dr. Torke and his employer, Florida Orthopaedic Institute. She demands judgment for all past and future damages along with costs associated with this action.
Represented by Weldon Earl Brennan from Brennan, Holden & Kavouklis P.A., Forest-Smith is determined to hold both defendants accountable for their alleged misconduct which she claims has led to permanent losses affecting her quality of life.
This case will be heard under Case Number: 25-001510-CI in front of Judge Ken Burke at Pinellas County Circuit Court.