Facts

John Keith fractured his third, fourth and fifth metacarpals of his right hand during a high school football game on Nov. 9, 2001. Keith, 16, was immediately taken to the hospital. Three days later, Keith went to an urgent care center run by High Desert Medical Group where he saw Bruce Lohman, M.D. Keith was referred by Lohman to Ghol Haeri-Gharavi, an orthopedic specialist who was also a member of High Desert. Gharavi examined Keith's injury on Nov. 20 and informed him that he could not treat it. After the Thanksgiving holiday weekend, Keith sought treatment from a hand surgeon who Gharavi referred him to through High Desert. The surgeon informed Keith that he would need to undergo a closed reduction. The surgeon performed a closed reduction which failed to produce a positive result. Consequently, an open reduction and internal fixation was required. Keith filed a medical malpractice lawsuit against High Desert Medical Group; High Desert Medical Corp.; Lohman; Lohman's physician's assistant, Peter Rodriguez; Gharavi; and Heritage Health Care. Gharavi successfully filed a motion for summary judgment.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendants Lohman and Rodriguez negligently failed to properly diagnose and refer him to a physician who was better suited to treat him. The delay caused the plaintiff's hand to heal improperly. This required the open reduction and the internal fixation procedures. The plaintiff's expert in hand surgery stated that the strength in the plaintiff's right hand was reduced by two-thirds. The plaintiff would only have lost about five to 10 percent of his hand strength had a timely closed reduction procedure been performed. By the time the plaintiff underwent the closed reduction surgery, it was too late to expect a positive result. The plaintiff further claimed that defendant Gharavi's referral to the hand specialist was not provided within a reasonable amount of time.

DEFENDANT'S CONTENTIONS:
The defendants claimed that a closed reduction was not proper under the circumstances given the intricate nature of the plaintiff's injury. As a result, the defendants claimed that the manner in which they diagnosed and referred the plaintiff did not fall below the standard of care. In response to the allegations against him, defendant Gharavi claimed that any delays in processing the referral form were caused by defendant High Desert. Gharavi claimed that he submitted the referral to High Desert in a timely manner, indicating it needed to be addressed "ASAP."

Settlement Discussions

The plaintiff initially demanded a six-figure amount. This was later reduced to $95,000.

Specials in Evidence

Approximately $35,000 for surgery.

Injuries

The plaintiff's right hand has lost a substantial amount of strength. He is unable to make a fist with his hand or play sports, including football. A future surgery will be required to further repair the damage.

Result

Defense verdict.

Deliberation

5.6 hours

Poll

10-2

Length

eight days