The plaintiff, age fifty-six, was the jockey with the most career victories record in March 2003, when the incident in question occurred. During a horse race on the day in question, the plaintiff was thrown from his horse and landed on his head. Two EMTs were nearby in their ambulance and rushed to the scene. The plaintiff wanted to stand up and the EMTs helped him up and walked him around to the ambulance. The plaintiff was then taken to the track first aid station just outside the track, where he was further evaluated. A Physician’s assistant treated him and released him with a diagnosis of cervical sprain.

Four days later the plaintiff was unable to mount a horse due to neck pain. He went to an emergency room and was diagnosed with a Hangman’s fracture, a broken neck which includes a fracture of an upper cervical vertebra. X-rays confirmed the diagnosis, revealing a fracture at the C2 level. The plaintiff was placed in a halo brace for two months. The plaintiff retired from horse racing due to the risk of re-injury.

The plaintiff claimed that if he had received proper care on the day of the accident he would have been able to return to riding. The plaintiff claimed that he should have been immediately placed in a neck brace and carried to an ambulance on a board and then taken to a hospital for care.

The defendant claimed that all the injuries were a result of the accident and that even diagnosis and treatment on the day of the accident would not have changed the outcome. The defendant also claimed that the plaintiff could not have been immobilized without his consent and that the plaintiff had asked for help getting up and had made arrangements to return to riding during the four-day delay, which included getting a massage and electric stimulus to his neck.

According to a published account a $2.7 million verdict was returned.

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