Case details

Delay in treating wrist fracture caused pain condition: patient

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
chronic pain, fracture, hip, right wrist, shoulder
FACTS
On July 26, 2012, plaintiff Susan Kluey, 61, a real estate agent, presented to Dr. Robert Eastlack, an orthopedic surgeon, for treatment of sustained after falling off her porch in Escondido. Immediately after the accident, Kluey was brought to a local hospital, where she underwent X-rays and was discharged. She then presented to Eastlack, and she was diagnosed with a fractured hip and a fractured humerus near one of her shoulders during the initial visit. Kluey visited Eastlack three more times, on July 26, 2012, Aug. 3, 2012, and Aug. 16, 2012. On her fourth visit, on Aug. 16, 2012, Kluey complained of pain in her right wrist. As a result, Eastlack ordered X-rays and prescribed a brace. He determined that Kluey exhibited signs of complex regional pain syndrome — also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition — and she was referred to a pain management specialist. However, the X-rays of Kluey’s wrist revealed a fracture. Kluey sued Eastlack; another treating orthopedist, Patrick O’Meara, M.D.; and a radiologist who initially interpreted the X-rays at the emergency room, Jeffrey Miller, M.D. Kluey alleged that the defendants failed to diagnose and treat her wrist fracture and that these failures constituted medical malpractice. The claims against O’Meara and Miller were dismissed before trial. Thus, the matter proceeded to trial against Eastlack only. Plaintiff’s counsel contended that Eastlack ignored Kluey’s complaints related to pain in her wrist. Kluey claimed that she complained of wrist pain during at least two of her appointments with Eastlack before he ordered X-rays. Thus, Kluey’s counsel argued that Eastlack should have ordered wrist X-rays during Kluey’s initial office visit, or during the subsequent two visits prior to the diagnosis, and that Eastlack’s failure to diagnose Kluey’s wrist fracture at an earlier date resulted in her CRPS. The plaintiff’s expert orthopedic surgeon opined that Kluey’s wrist should have been casted on her first visit with Eastlack and that Eastlack’s failure to cast Kluey’s wrist resulted in the development of CRPS. Defense counsel argued that the diagnosis of Kluey’s wrist fracture was timely. Eastlack claimed that during the appointments, Kluey’s primary complaints related to pain in her hip and shoulder and that he adequately addressed her complaints. He also claimed that Kluey did not complain of wrist pain until the appointment on Aug. 16, 2012. Eastlack further claimed that Kluey’s X-ray results on Aug. 16, 2012 were equivocal, that he determined Kluey could have sustained a hairline fracture, and that his prescription of a brace to stabilize the wrist met the medical and orthopedic standard of care. In addition, Eastlack claimed that Kluey’s CRPS developed as a result of a severe trauma that she had sustained from the humerus fracture. The defendant’s expert orthopedic surgeon opined that the standard of care was met and that Kluey’s serious were properly addressed. He further determined that any alleged failure to cast Kluey’s wrist fracture could not have caused her CRPS. The defendant’s pain management expert opined that Kluey failed to disclose the pain in her wrist because she was experiencing severe pain in her shoulder and hip, which outweighed the severity of the pain in her wrist., As a result of CRPS, Kluey underwent three surgeries involving joint extension contracture releases with capsulectomy and extensor tenolysis from the date of her diagnosis through July 2015. She also treated her with hundreds of physical therapy, occupational therapy and hand therapy treatments. Kluey alleged that she would require future surgeries to address her CRPS. Thus, she sought recovery of $108,586.41 in past medical expenses and $54,416 in past lost earnings. She also sought recovery of damages for her past and future pain, suffering, disfigurement and loss of function.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case