Facts

Plaintiff Kenny Charles went to the Tehachapi office of his family practitioner, Mark Pesche, with complaints of pain in the lower left extremity. Pesche diagnosed him with trochanteric tendinitis. Charles returned the next month and received an MRI. He was diagnosed with slipped capital femoral epiphysis, or a growth plate abnormality. Kenny sued for misdiagnosis.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants had failed to timely diagnose his condition, violating the standard of care and committing medical malpractice. Charles believed that Pesche should have immediately referred him to an orthopedic surgeon.

DEFENDANTS' CONTENTIONS:
Defendants argued that they had not violated the standard of care and that plaintiff's parents should have returned him to Pesche's office if his condition had not improved, as they had been instructed.

Damages

Plaintiff sought $600,000.

Injuries

After the correct diagnosis, Charles underwent an unsuccessful surgery to stabilize the hip. He underwent multiple admissions and surgical procedures over an 18 month span. He claimed that the surgeries had resulted in a left leg discrepancy of 1.5 inches and a permanent limp/gait alteration. He also claimed residual constant pain in his leg and hip.

Result

The jury ruled for the defense.

Deliberation

2.5 hours

Poll

11-1

Length

nine days