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Nelson v. Taylor9/17/2001
chour made in his notes on April 1, 1996, several months after Nelson had initially been discharged from his care, that Nelson argues should not have been admitted at trial.
As Nelson's attorney aptly pointed out when questioning Bachour, there was no mention in the subjective portion of Bachour's notes that Nelson said anything about a mouse or a computer station; however, the notes Bachour made in April 1996, made no reference to Nelson's automobile accident either. Moreover, Bachour testified that he routinely questioned his patients about what activities gave them pain and that his assessment was based on what Nelson had told him. Given these circumstances, I would hold Bachour's deposition testimony about what his notes reflected regarding the origin of Nelson's later complaints did not exceed the domain of his expertise as a physical therapist.
Furthermore, Bachour's determination of the reason for Nelson's later complaints was more in the nature of a clinical, as opposed to a medical, diagnosis. There was no attempt to refute Bachour's statement that, although he did not give medical diagnoses, he had training in clinical diagnosis, which, as described by none other than Nelson's attorney, entailed "making a clinical diagnosis based upon what they tell you, what the diagnostic tests tell you and based upon your observation on them." With due respect to the majority, then, I attach no significance to Bachour's admission that he did not make medical diagnoses.
I would further hold Nelson's argument concerning the denial of the motion for a new trial nisi additur is manifestly without merit.
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