Conte
Conte v. Girard Orthopaedic Surgeons Medical Group, Inc.
Opinion
Opinion
Kremer, J.
Plaintiff Jeffrey Conte appeals a judgment after jury trial favoring defendants Girard Orthopaedic Surgeons Medical Group, Inc., and Michael P. Kimball, M.D. (together Girard), on his complaint for medical battery and medical malpractice. Conte contends the trial court erred in granting a nonsuit on his medical battery cause of action. We affirm the judgment.
Facts
We present the evidence in the light most favorable to Conte.
On August 11, 1999, Conte, then 27 years old, injured his right shoulder in a motorcross bike accident. The pain was excruciating and he could not move his right arm. Conte went to his primary care physician the next day, but X-rays did not identify any fractures. Conte continued to experience pain and limited range of motion, and he was referred to Dr. Hans Anderson at the Girard medical group. Anderson saw Conte on August 24 and ordered an MRI of the shoulder.
Because Conte and his girlfriend, Cindy May, worked at Scripps Memorial Hospital Encinitas, Conte was able to have an MRI on August 26. Radiologist Peter McCreight told Conte the MRI showed he had “a severe intraarticulated glenoid fracture” that needed immediate surgical repair. A…