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Bayless v. St. Elizabeth Medical Center2/28/2003
AFFIRMING
Michael J. Bayless II and his parents appeal from a judgment of the Kenton Circuit Court following a jury trial in a medical malpractice case. Bayless's claim against one of the defendant doctors was successful to an extent, but his claim against the other doctor was not. In this appeal, Bayless seeks a new trial on all issues. We have concluded that his arguments are without merit. Thus, we affirm.
On March 12, 1995, Bayless injured his right wrist when he fell while trying to jump over a friend. Because of the pain in his wrist, he went to the emergency room at St. Elizabeth Medical Center sometime after midnight that evening. He was examined by the emergency room physician, Dr. Robert Boyer, who testified that he has no specific recollection of treating Bayless that evening. There was some evidence that Dr. Boyer performed a complete examination of Bayless's wrist. He did not order x-rays, but x-rays were ordered by a nurse.
Dr. Boyer did not remember whether he had read the x-ray of the wrist or not. However, the appellants testified that he did. The x-ray revealed that Bayless had suffered a fracture to the scaphoid bone in his right wrist. Dr. Boyer, who apparently believed the wrist was not broken, ordered an elastic bandage for Bayless's wrist and discharged him from the emergency room with written instructions that if his condition worsened he should call or see his physician or return to the emergency room.
Following Bayless's discharge from the emergency room, the x-ray of his wrist was viewed by Dr. Walter Eiseman, a radiologist. Dr. Eiseman failed to see the fracture, and Bayless was not advised of the fracture or treated for it.
At the time he suffered the injury , Bayless was beginning to play freshman baseball four days a week at his high school. Although his wrist hurt while he played baseball, Bayless never told the coach he was in pain. As soon as the baseball season ended, Bayless sought follow-up care. He sought additional medical treatment on May 17, 1995.
It was then discovered that Bayless had suffered a broken bone in his wrist. Treatment by way of a cast was no longer recommended, and Bayless's orthopedic surgeon, Dr. John Wyrick, recommended a surgical procedure to achieve union of the fractured bone. Bayless then underwent surgery by Dr. Wyrick which consisted of removing a portion of his thigh bone, compacting it, and inserting it into his wrist with a metal screw. Dr. Wyrick testified that the result of the surgery was an "excellent outcome" and that Bayless did not suffer any permanent injury as a result of surgical treatment as opposed to non-surgical treatment. He also testified that Bayless should regain strength and have excellent function of the wrist.
Because of the missed diagnosis, Bayless and his parents filed a civil complaint in the Kenton Circuit Court against St. Elizabeth Medical Center, Dr. Boyer, and Dr. Eiseman. The basis of the Bayless's claims was that Dr. Boyer and Dr. Eiseman were negligent in failing to properly read the x-ray of his broken wrist and that he was subsequently required to have surgery rather than treatment by a cast. At the trial of the case, Dr. Boyer testified that he had no memory of treating Bayless or reading the x-ray. Dr. Eiseman admitted and stipulated that he deviated from the standard of care required of him in the reading of the x-ray.
The jury determined in their verdict that Dr. Boyer had no liability in the care and treatment of Bayless but that Dr. Eiseman did. Further, the jury determined that Bayless and/or his parents failed to exercise ordinary care for his safety and health. As a result it apportioned liab
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