Facts

Darren Hulbert filed a medical malpractice lawsuit against Richard Cross, M.D., arising from a procedure Dr. Cross performed on his right elbow.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that, due to pain in his right elbow, he visited Dr. Cross who noted that the elbow suffered from a nondisplaced fracture of the radial head. Plaintiff contended that after Dr. Cross performed surgery on his elbow, his injury worsened because a screw in the implant became loose and lodged in his elbow joint, which caused severe damage to his elbow joint, cartilage and surrounding tissue.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions. Defense orthopedic expert opined that the loose screw was caused by a mechanical stress on the implant and did not result from implantation technique.

Result

The court granted defendant's motion for summary judgment.