The plaintiff alleged medical negligence against an orthopaedic surgeon for failing to properly manage and refer a distal biceps tendon rupture in a timely manner, allegedly causing the plaintiff to lose the opportunity for surgical repair.
The court found that the physician diagnosed the condition, advised the patient of treatment options, and offered a referral to a specialist capable of performing the surgery, which the plaintiff declined pending MRI results for other issues.
The court concluded the physician met the applicable standard of care for a referring physician and that the plaintiff's evidence was not credible or reliable.
The court further held that the plaintiff failed to prove causation because there was no expert evidence establishing that earlier surgery would likely have resulted in a better outcome.
The action was dismissed.
