Review Question - QID 7694

A patient with a transverse femur fracture undergoes statically locked antegrade intramedullary nailing. Postoperatively, the patient appears to have a rotational deformity of greater than 25 degrees. The surgeon informs the patient, who chooses to undergo corrective treatment with removal of distal interlocking screws, rotational correction, and relocking of the screws. The patient goes on to heal but has persistent hip pain and a limp that does not improve completely after extensive rehabilitation. There is complete healing, no evidence of infection, no hardware issues, no ectopic bone, and rotational studies indicate less than 2 degrees of malrotation. Functional capacity testing reveals the affected abductor and quadriceps function to be about 85% of the uninjured side and the patient returns to work and most of his recreational activities except rock climbing. Two days before the statute of limitations, the patient files a malpractice suit alleging negligence of surgery, loss of function, consortium, and pain and suffering due to the surgeon's efforts. What action should the surgeon and the defense team take?