Standard of Care Carries the Day
Rissman attorneys Skip Jewett and Matt Hicks obtained a defense verdict in Orange County following a trial that lasted five days.
In this case, the plaintiff sustained facial and dental injuries following a fall. She was seen in the emergency room and was treated for her immediate injuries, but the attending physician was unable to find a remaining tooth fragment and remove it. The physician informed the plaintiff of this fact and advised her to seek further care. The crux of the plaintiff’s claim was that she was not advised of this and that such failure resulted in a six-week delay of care, causing her additional scarring.
During trial, the court struck the plaintiff’s standard of care expert, finding that he was not qualified under the same specialty as the defendant’s board-certified emergency medicine specialist. Instead, the court allowed the plaintiff to read portions from the deposition of the defense standard of care expert witness.
Following a deliberation of a little over two hours, the jury returned a defense verdict.
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