HomeMy WebLinkAbout0056 an original civil or criminal judicial proceeding; (2) its legal `
causation by the present defendant against the plaintiff; (3)
its bona fide termination in favor of the plaintiff; (4) the
absence of probable cause for such prosecution; (5) the presence
of :~alice; and (6) damages conforming to legal standards re- ~
suiting to the plaintiff. Duval Jewelry Co. v. Smith, 102 Fla.
717, 136 So. 878 (1931); Tatum Brothers Real Estate and Invest-
ment Co. v. ~~Tatson, 92 Fla. 278, 109 So. 623 (1926); Aurchell v. ~
Bechert, 356 So.2d 377 (~'la. 4th DCA 1978) . .
~r'ith these principles in riind, we turn now to the
facts available to appellants at the tirie suit was filed against
Dr. Sullivan in the malpractice action. -
*+lr. Terry suffered,'a ~Ionteggia fracture of the fore-
arm, consisting of a fracture of the ulna and a dislocation of
the head of the radius. Terry went to Dr. Sullivan, an ortho-
pedic surgeon, who performed a closed reduction (the manipulation
of the bones back into place) and placed a cast on the arm on
June 23, 1970. Although X-rags ~~ere taken of the arm immediately
after this procedure, no subsequent X-rays were taken until
August 13, at which ti*_ne Dr. Sullivan discovered that the closed
reduction was unsuccessful. He then per€or:ned an open reduction
on August 17 and surgically inserted an intrar.?edullar~~ rod into
i
the bone to stabilize the fracture. The patient's wrist was
not involved and Dr. Sullivan did not intend to insert the pin
into the wrist. The pin insertion was performed without the
use of an X-ray machine. X-rays are normally taken prior to
closin5 the incision to insure that the rod does not extend too
far. X-rays were taken the day aster the surgery and nr.
Sullivan discovered the rod was 1-1/2 inches too long and ex-
tended into _the wrist. Despite this discovery, nothing was done
for about six weeks. Thereafter, Dr. Sullivan performed a second
operation to shorten the rod. After this procedure and with his
am still in pain and with no apparent healing of the fracture,
Terry went to Dr. Stalker, another orthopedic surgeon. After
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