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Whelan v. Moone

Evidence of plaintiff's financial inability to pay for surgery and lack of health insurance coverage was admissible because defendant doctor claimed her damages could have been avoided if she had followed his recommendation for corrective surgery.

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Following a vehicular collision, Deborah Moone was diagnosed with a fractured radius and ligamentous injuries to the distal radioulnar joint in her left forearm. Dr. E. J. Whelan, an orthopedist, provided treatment. Moone brought this medical malpractice action against Whelan, claiming that he negligently caused severe and permanent injuries to her left arm, wrist, and hand. Moone’s husband also sued for loss of consortium. The jury found in favor of Whelan against Moone’s husband but awarded Moone $350,000. Whelan appeals judgment on the verdict and denial of his motion for new trial. He enumerates several claims of error which are itemized below. We find no error and affirm.

Moone’s expert witnesses charged Whelan with negligence in numerous respects. They testified that in treating Moone, Whelan misinterpreted multiple radiographic films of her left forearm by failing to recognize the progressive collapse of her fractured radius and dislocation of her distal radioulnar joint. They also testified that Whelan was negligent in applying a short-arm splint and then a short-arm cast to the fractured radius, prematurely removing the cast prior to complete healing of the fracture, and failing to timely recommend and schedule necessary surgical procedures. According to Moone’s experts, timely application of a long-arm cast would have immobilized the fracture and probably would have resulted in an essentially full recovery.

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