Malpractice claim summarily dismissed as Court finds victim's expert's evidence of causation inadequate
Jason Torrey, a truck driver, sued the Health Center of Branch County after he spent several weeks in a Wisconsin hospital for treatment of a cellulitis condition that he believed the Health Center P.A. should have diagnosed. He retained a Physician Assistant to testify against the defendant P.A. The plaintiff expert testified that the Health Center P.A. should have more closely inspected the cellulitis that Torrey presented with; and should have prescribed antibiotics to treat it. He testified that the condition spread to Torrey's groin because it was left untreated.
Although several defense witnesses and treaters admitted that the cellulitis could have spread as the Plaintiff's expert alleged, they generally maintained that the cellulitis on Torrey's arm was not the cause of the cellulitis that hospitalized him. The Court concluded that Torrey's evidence was speculative and not sufficient to create a question of fact for the jury.