The plaintiff, age forty-six, was involved in an accident while riding a dirt bike with a friend. The plaintiff was wearing a chest protector at the time. The plaintiff walked several miles, rode an ATV for several miles and then rode in a pickup truck before arriving at the defendant hospital. The plaintiff underwent x-rays which revealed a fractured collarbone.

While moving the leaded glass shield away the defendant’s nurse struck the top of the x-ray machine, which caused the leaded glass shield to break and fall onto the plaintiff’s chest. The plaintiff claimed that he suffered fractured ribs from this incident and developed bleeding in the chest due to the fractures.

The defendants argued that the rib fractures were from the initial accident. The parties argued over whether or not the first x-rays showed rib fractures.

According to The Trial Reporter a $468,393.03 verdict was returned. The hospital was found eighty percent at fault. The staffing agency was found twenty percent at fault.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.