Stevens v. Yoshida
Plaintiff appeals from a summary judgment in favor of defendants. Plaintiff in pro. per. filed a complaint for damages for medical malpractice and negligence and life changing injuries. Plaintiff alleged that she was injured in a motor vehicle accident. She saw Dr. George Thompson, was referred to physical therapy, and her physical therapist referred her to defendant, an orthopedic surgeon. Plaintiff’s first cause of action was for malpractice and negligence, alleging that in 1999 defendant misdiagnosed her as having intractable pain even though medical records showed a compression fracture to the first lumbar vertebra, L1, and cervical spine abnormalities, particularly at C5 and C6. Plaintiff alleged that defendant’s pain diagnosis was made subsequent to defendant’s first diagnosis of cervicothoracolumbosacral strain/sprain syndrome. She alleged that the strain/sprain diagnosis was conveyed to her North Carolina accident attorneys and negatively affected her negotiations for settlement with the at-fault motorist’s insurance company. Summary Judgement given in favour of defndant. Court reversed.



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