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Baretta v. Dimitijevic8/6/2002
splaced, because that case involved a complete failure to diagnose or treat the patient's cancer. In contrast, in this case plaintiff's expert agreed that defendant properly diagnosed plaintiff's condition and that the medications prescribed were appropriate for that condition. Although the expert testified that defendant's failure to maintain plaintiff at a therapeutic dosage caused plaintiff's stroke, he also admitted that a study showed that a blood level of 1.8 was sixty to seventy percent as effective as the accepted therapeutic dose. Consequently, the only opportunity plaintiff lost was the difference between a fully effective dose and the dose he was receiving. This difference amounted to less than fifty percent, particularly in view of the fact that it was undisputed that, even at optimal levels, Coumadin is only about seventy percent effective in preventing strokes. Plaintiff's loss was therefore thirty to forty percent of seventy percent, or between twenty-one and twenty-eight percent. Therefore, we find that the trial court properly granted judgment for defendants.
Affirmed.
Christopher M. Murray
David H. Sawyer
Brian K. Zahra
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