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ARTICLE ID 3437
$________ Alleged failure to diagnose scaphoid lunate tear (wrist injury) - Total wrist fusion required.
The plaintiff, a male in his mid-30s, alleged that the defendant
clinic failed to diagnose a wrist injury creating a delay in
treatment which necessitated a total wrist fusion. The defendant
argued that the wrist injury occurred in a subsequent work-
related accident. The defense further denied that the fusion
surgery was necessitated by a delay in diagnosis of the wrist
The plaintiff alleged that he had a trip and fall incident at p 7 3
work on March 15, ________, and sought medical treatment at the
defendants clinic. The plaintiff was diagnosed with a strain of
the right wrist and was sent back to work with no limitations.
The plaintiff returned to the defendant clinic on June 9, ________,
and was again found able to work, but was referred to an
orthopedic physician who diagnosed a scaphoid lunate tear. The
plaintiff alleged that an attempted partial fusion performed on
July 28, ________, was unsuccessful due to the late stage of the
injury. The plaintiff underwent a total wrist fusion on May 29,
The defendant claimed the plaintiffs scaphoid lunate tear
occurred on February 2, ________, not March 15, ________. The defense
relied on medical records documenting February 2 as the date of
injury as well as testimony from a doctor and nurses that the
plaintiff reported he was injured on February 2. The plaintiff
contended that he had a separate incident on February 2, but was
not injured on that date. The defense also claimed that all the
injuries flowed from the plaintiffs work-related accident and
not from any delay in treatment. The defense contended that the
x-rays of March 16, ________, did not evidence any sign of a scaphoid
The case was settled for $________ prior to trial. The plaintiff
requested an evidentiary hearing on a claimed $________ workers
compensation lien. The Judge entered an order evaluating the lien
at $________ which was paid by the plaintiff.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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