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initially consulting with this doctor and being advised that
further treatment was necessary, Mr. Terry consulted with `1r.
Fee, an associate of dir. Parker, for advice regarding his will
and his medical treatment by Dr. Sullivan.
During .this conference, Terry reiterated the above -
sequence of events and produced the X-rays and other pertinent
records. Although he did not express an interest at that tine
in bringing a malpractice action against Dr..Sullivan, he did
indicate he wanted to recover for the expenses incurred as a
result of the hospitalizations and surgical procedures. Fee
relayed this information to Parker who examined the Y-rays
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which showed the rod extending into'the wrist area, and reviewed
the hospital records which indicated that no X-rays of Terry's
arm had been taken until the day after the oven reduction.
After consulting with his attorne:r, !~Ir. Terry returned
to Dr. Stalker, who performed a third surgical procedure result-
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inc~ in a successful bone graft. It was after this surgery that
Parker consulted with Dr. Stalker regarding Sullivan's ;prior
s
treatment of Terry. The statements rude at this conference are
in conflict. Stalker denied at trial that he expressly told
Parker that Sullivan's treatment fell-below the standard of
~ care for the comrnunityp however, as a result of the conference
and all other evidence, Parker was clearly of that opinion.
When asked if Dr. Stalker told him Dr. Sullivan had done some-
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'thing wrong, Parker responded, "I'n sure he did." Mr. Fee, a
witness to the conference, testified that when Parker told
Stalker that Terry felt the treatment he received from Sullivan
was below standard, Stalker replied, "I tend to agree."
In his trial testimony, Dr. Stalker admitted he
told Parker it was unusual for a rod to protrude into the s
wrist area, although he did not specifically mention the word E
"malvractice" . He also acir.?itted he inforr?~ed Parker that a -
physician should X-ra:~ the patient's arm before closing the
~ incision when inserting a rod to stabilize the fracture.
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