Case details

Doctor claimed prescription of wrist brace was appropriate

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
left hand, wrist
FACTS
On Sept. 3, 2010, plaintiff Cameron McDaniel, 16, a high school student, presented to an urgent care clinic in Ventura with a left hand/wrist injury. Cameron was examined by Dr. Richard Cegelski and underwent X-rays. Cegelski suspected a possible sprain or fracture of the ulna styloid in Cameron’s left wrist. As a result, Cegelski prescribed a brace for Cameron to immobilize the wrist and allegedly advised Cameron to follow up with an orthopedic surgeon. In January 2011, Cameron followed up with his primary care physician after continuing complain of pain and discomfort in his left wrist. He was ultimately diagnosed with a scaphoid fracture of his left wrist, compounded by a non-union and necrosis of the bone. As a result, he required surgery and physical therapy. Cameron sued Cegelski, alleging that the defendant failed to properly diagnose the wrist fracture and failed to properly treat his condition. Cameron further alleged that these failures constituted medical malpractice. The county of Ventura and two other physicians were also originally named as defendants, but the county was voluntarily dismissed prior to trial and the physicians were voluntarily dismissed after being deposed. Thus, the matter proceeded to trial against Cegelski only. Cameron claimed that Cegelski failed to diagnose the scaphoid fracture during the urgent care visit on Sept. 3, 2010. He claimed Cegelski also failed to place his left wrist in a full cast and insist that he see an orthopedic surgeon for a further evaluation and MRI, since Cegelski failed to diagnose the fracture. Thus, Cameron contended that Cegelski’s negligence resulted in a permanent wrist injury that had derailed his football career. Cegelski claimed that his treatment of Cameron was appropriate and within the standard of care. He contended that the X-rays of Cameron’s left wrist were negative for a scaphoid fracture and that he acted appropriately in prescribing a brace. In addition, Cegelski contended that he did advise Cameron to see an orthopedist, but that Cameron failed to do so., Cameron was diagnosed with a scaphoid fracture of his left wrist, compounded by a nonunion and necrosis of the bone. As a result, he underwent a bone graft procedure at the Children’s Hospital of Los Angeles in February 2011, and then followed up with several weeks of physical therapy. Cameron claimed he now suffers from ongoing pain, weakness, and reduced range of motion in his left, non-dominant wrist. He claimed that as a result of the fracture going undiagnosed and the subsequent nonunion and necrosis, the condition of his left wrist has greatly affected his ability to play football. The plaintiff’s football coaching expert testified that Cameron was a scholarship athlete prior to the injury, but that he was not able to play college football at all due to the condition of his left wrist. Cameron also claimed that his condition has affected his ability to play other sports and help his father with his construction work. Thus, Cameron sought recovery of $200,000 in lost scholarship money at the University of Southern California. He also sought recovery of $250,000 in damages for his pain and suffering. Cegelski’s counsel argued that Cameron’s wrist had healed the same way it would have healed if the fracture was diagnosed when he originally presented to the urgent care clinic on Sept. 3, 2010. Counsel further argued that Cameron made a good recovery from his injury and surgery and that, according to the defense’s football coaching expert, Cameron was not a scholarship athlete prior to the injury.
COURT
Superior Court of Ventura County, Ventura, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case