 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shull v. Itani2/13/2004
Judgment: Affirmed.
. William Shull ("Shull") appeals the October 3, 2002 judgment entry of the Lake County Court of Common Pleas entering the jury's verdict in favor of Dr. Abdul Itani ("Dr. Itani"). For the reasons set forth below, we affirm the decision of the trial court in this matter.
. On April 20, 1999, Shull was admitted to Lake East Hospital ("Lake East") complaining of severe neck pain. Shull was transferred to Lake West Hospital. On April 21, 1999, Dr. Itani performed surgery on Shull, which required a C4-6, C5-7 posterior cervical fusion. In the surgical procedure, Dr. Itani used cement and wire in stabilizing the neck.
. About three weeks after the surgery, Shull was involved in a motor vehicle accident. Shull was a passenger in a vehicle that was broadsided by another vehicle. After this accident, Shull sought treatment at Lake East, complaining of sharp neck pain. Approximately one month following the accident, Shull first observed lumps in his neck.
. At some point, Shull was involved in another motor vehicle accident in Kentucky where the vehicle in which Shull was traveling was rear-ended at 45 m.p.h. The severity of this accident caused Shull to aggravate his neck and caused him to suffer a collapsed lung.
. On October 12, 2001, Shull filed a medical malpractice suit against Dr. Itani. A two day jury trial was held on the matter beginning on September 30, 2002. Shull proffered expert testimony from Dr. Daniel Sullivan ("Dr. Sullivan"). Dr. Sullivan opined that Dr. Itani breached the standard of care by not taking an MRI or CAT scan with a myelogram of Shull's neck prior to surgery. Dr. Sullivan further opined that Dr. Itani breached the standard of care in performing the surgery by utilizing cement and wire to stabilize the neck.
. Dr. Itani proffered expert testimony from Dr. Terence Lichtor ("Dr. Lichtor"). Dr. Lichtor testified that because of the circumstances of the case, Dr. Itani did not breach the standard of care by failing to perform an MRI or CAT scan with a myelogram. Moreover, Dr. Lichtor opined that, although he personally does not utilize cement in similar type surgeries, Dr. Itani did not breach the standard of care in doing so.
. In his case in chief, Shull also proffered testimony from Dr. Gary Stabler ("Dr. Stabler"), Shull's family doctor. Dr. Stabler testified regarding Shull's medical history and treatment. On direct examination, Dr. Stabler testified about a medical report ("the report") he prepared upon request from Shull's attorney for another trial. In this report, Dr. Stabler concluded that "Mr. Shull's persistent cervical pain is a direct and proximate result of his cervical spine changes which have been documented radiographically since the date of the [first motor vehicle] accident." During Dr. Stabler's direct testimony at the trial of this matter, the following exchange occurred:
. "Q. And did [the MRI taken after the first motor vehicle accident] reveal any problems in his cervical spine?
. "A. Well, I would have to see the report, you know, before, I can't really, I don't have it memorized but it did reveal some degenerative changes and, of course, the loss of curvature of the spine.
. "Q. Okay. It indicated there was a loss of the normal curvature of the spine?
. "A. Yes.
. "Q. So it did document something that was wrong in the neck, correct?
. "A. Yes.
. "Q. So subsequent to the accident there were some changes in his neck or something that had been documented radiographically, correct?
. "A. Are you talking about the car accide
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|