(DOWNLOAD) "Binns v. Schoenbrun" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Binns v. Schoenbrun
- Author : New Mexico Court of Appeals
- Release Date : January 17, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Plaintiff sprained his right ankle on Saturday evening. He obtained treatment from defendant the following Monday, October 31. Defendant x-rayed and stated it was a severe lateral sprain. It is undisputed that the area of the ankle was swollen at this time. Defendant bandaged the ankle and told plaintiff to return the next day. November 1 plaintiff returned and defendant placed a cast on the leg. Plaintiff testified that the leg and ankle were swollen when the cast was applied. November 2 defendant placed a walking heel on the cast. November 3 plaintiff complained of pain around the malleolus (ankle bone); "[f]elt like it [the cast] was rubbing on his ankle bone and hurting." Plaintiff also complained that it felt like his leg was swelling and there was extreme pressure and a constant dull ache in the ankle area. November 6 defendant cut a half-dollar-size window in the cast near the ankle bone. Plaintiffs pain persisted and on November 7 defendant removed the cast. Plaintiff testified the leg and ankle were still swollen. Plaintiffs wife observed the ankle and saw a sore near the ankle bone at that time. Defendant testified it was a blister below the ankle bone. Defendant "debrided" the blister. Defendant continued to treat plaintiff until he was hospitalized on November 17 because of severe skin sloughing in a 6 x 8 centimeter area around the ankle bone and systemic infection. There is medical testimony that this was "* * * not the usual thing you would anticipate from a sprain." The issue is what caused this condition. The trial court held there was no material issue of fact as to causation. We disagree.
 "Binns v. Schoenbrun" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free){kind=link}