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Tiller v. National Health Care Center of Sumter3/8/1999
BR>
In a letter addressed to respondent's attorney, Dr. Edwards stated if discitis was present at UJA on December 18, 1994, then in his opinion, based on a reasonable degree of medical certainty, the accident aggravated the condition in her back. In addition, assuming there was no edvidence of a UTI, Dr. Edwards stated to a reasonable degree of medical certainty the stab wound caused the discitis.
In February 1995, Dr. Gee stated "hematogenous spread from stab wound caused the disc space infection. Studies may confirm or contradict." In a letter dated May 30, 1995, contradicting his earlier Conclusion, Dr. Gee stated he believed it was more likely the UTI rather than the fork-stabbing incident was the cause of the discitis. Dr. Gee indicated he would defer to Dr. Ervin, a specialist in infectious diseases, on this issue.
Dr. Ervin stated he could not relate the fork-stabbing incident with the infection that caused the discitis. Further, Dr. Ervin states " ince she was already complaining of considerable malaise during October and November, the injury in the nursing home back with her back in December was either coincidental or reflective of the first symptom of an evolving disc space infection-as time and destruction progressed." (emphasis added). Dr. Ervin noted respondent did not have a history of UTIs and had no UTI symptoms.
Respondent testified she had not been feeling well during the Fall of 1994. Dr. Perry confirmed respondent's malaise during this time period. Within hours after the accident, respondent's back was causing her great pain. While the pain diminished after she began wearing the back brace prescribed by Dr. Gee, it did not disappear. Further, within two months of the accident, the pain became unbearable even with the aid of the brace. An X-ray taken on December 20, 1994, showed an essentially normal L3-LA region. However, an X-ray taken less than two months later showed the disc space surrounding this region was almost completely destroyed.
In our opinion, the medical evidence and the lay testimony, considered together, is sufficient to establish the discitis was present prior to December 18, 1994. Thus, because substantial evidence supports the award, we affirm.
AFFIRMED AS MODIFIED.
FINNEY, C.J., TOAL, MOORE, and WALLER, JJ., concur.
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