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Christiano v. Associated Orthopaeic Specialists3/7/2002
Joseph Christiano had back surgery performed by orthopedic surgeon Dr. William Bronson. Sometime after the surgery, Mr. Christiano developed a disk space infection. The infection was not diagnosed for several weeks, and by that time, Mr. Christiano's spine was damaged. Mr. Christiano sued Dr. Bronson and his partner, Patrick Lynch, M.D. At the close of Mr. Christiano's case, the trial court dismissed the informed consent claim against Dr. Bronson and the negligence claim against Dr. Lynch. The jury returned a verdict for Dr. Bronson on the remaining negligence claim.
Mr. Christiano appeals, contending that the trial court erred by (1) refusing to allow Illinois family practitioner Dr. Mark Michaud to testify regarding the standard of care; (2) limiting California orthopedic surgeon Dr. Jack Moshein's testimony regarding the standard of care; (3) granting the defense's motion for judgment as a matter of law, dismissing the informed consent claim against Dr. Bronson and the negligence claim against Dr. Lynch; (4) allowing testimony from two orthopedic surgeons on behalf of the defendants; (5) denying Mr. Christiano the opportunity to rebut the testimony of Dr. Rick Delamarter regarding the efficacy of the magnetic resonance imaging (MRI) in diagnosing infection; and (6) denying Mr. Christiano's motion for a new trial based on juror misconduct.
We hold that the trial court erred by precluding Dr. Michaud from testifying about the standard of care for treating post-operative infection. For that reason, we reverse the jury verdict for Dr. Bronson and remand for a new trial. We affirm the trial court's dismissal of the informed consent claim against Dr. Bronson and the negligence claim against Dr. Lynch.
FACTS
Joseph and Dolores Christiano sued Associated Orthopaedic Specialists, P.S., Dr. William E. Bronson and Dr. Patrick S. Lynch for medical malpractice, alleging claims based upon negligence and lack of informed consent. Mr. Christiano's theory of the case is that Dr. Bronson and Dr. Lynch were negligent in failing to timely diagnose and treat his post- operative disk space infection. Additionally, Mr. Christiano alleges that Dr. Bronson failed to inform him regarding the risk of infection.
November 6--Surgery. In 1996, Mr. Christiano began experiencing pain in his right leg. His internist, Dr. Franklin Browne, diagnosed sciatica. In April 1997, Mr. Christiano was referred by Dr. Browne to Dr. Bronson, an orthopedic surgeon, for possible back surgery. Initially, Dr. Bronson determined that Mr. Christiano was not a suitable candidate for back surgery because he was overweight and suffered from diabetes and coronary artery disease. Accordingly, Dr. Bronson treated Mr. Christiano conservatively, with steroid injections that temporarily relieved his pain. Eventually, Dr. Bronson requested that Dr. Browne clear Mr. Christiano for the surgery. Dr. Bronson operated on Mr. Christiano's back on November 6 and discharged him from the hospital on November 8.
November 14--Dr. Bronson. Approximately one week later, Mr. Christiano saw Dr. Bronson during a regularly scheduled, post-operative check-up. Mr. Christiano reported that he was doing well. Dr. Bronson agreed with his patient, recording that the surgery wound looked fine, the leg appeared better, the right leg pain was gone, and the patient had no complaints. Several days later, Mr. Christiano began experiencing pain in his left leg. He recalls that he felt as if he was getting the flu. He lost his appetite, and experienced nausea and night sweats.
December 1--Dr. Browne. Approximately two weeks after his visit with Dr. Bronson, Mr. Christiano called Dr. Browne's office about
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