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Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to Diagnose

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

Charles J. Hunt Jr.


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


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