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$________ Alleged failure to diagnose scaphoid lunate tear (wrist injury) - Total wrist fusion required.

Dade County (3437)

The plaintiff, a male in his mid-30’s, 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 injury.

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 defendant’s 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 plaintiff’s 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 plaintiff’s 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 lunate tear.

The case was settled for $________ prior to trial. The plaintiff requested an evidentiary hearing on a claimed $________ worker’s compensation lien. The Judge entered an order evaluating the lien at $________ which was paid by the plaintiff.

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