Michael Linsley v. Robert Schmitz, M.D.
Published: Apr. 20, 1996 | Result Date: Feb. 21, 1996 | Filing Date: Jan. 1, 1900 |Case number: VCV08453 – $0
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Deborah O. deBoer
(Kramer, deBoer & Keane)
Experts
Plaintiff
Mark E. Schiffman
(medical)
Defendant
Robert Schmitz
(medical)
J. Brennan Cassidy
(medical)
Facts
The plaintiff, Michael Linsley, a 34-year-old heavy equipment operator, suffered a fracture of the coronoid process of his left elbow after falling on ice. The defendant doctor, Robert Schmitz, M.D., examined the plaintiff on December 29, 1989, and placed a posterior molded fiberglass splint. The plaintiff returned on December 31, and the defendant examined him and called an orthopedist to confirm the treatment plan. The plaintiff was instructed to follow-up with the orthopedist in five days or sooner if there were any changes. On January 1, 1990, the plaintiff was diagnosed with compartment syndrome by another doctor who performed a fasciotomy of the extensor and flexor compartments of the plaintiff's left forearm. The plaintiff brought this action against the defendant doctor based on medical malpractice theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$31,745 $48,750
Injuries
The plaintiff alleged that he sustained further injury to his left elbow (compartment syndrome) requiring a fasciotomy and a subsequent arthroscopic surgery on his elbow which resulted in a scar along the length of his forearm, pain, difficulty lifting and reduced grip strength as a result of the defendant's medical malpractice.
Other Information
The verdict was reached approximately four years and ten months after the case was filed. POST TRIAL MOTIONS: No motion for new trial was made.
Deliberation
25 minutes
Poll
12-0
Length
12 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390