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Torts Keyed to Duncan
Smith v. Parrott
Citation:
833 A.2d 843 (Vt. 2003)Facts
Stephen Smith (plaintiff) went to see Dr. Thomas Parrott (defendant), a family practitioner, after the plaintiff lost motor control over his left foot. The defendant referred the plaintiff to a neurosurgeon after concluding the plaintiff had a neurological condition called drop-foot. The plaintiff was examined by the neurosurgeon eleven days later and was told he would never regain function of his foot. The plaintiff sued the defendant for medical malpractice, arguing that the defendant had negligently failed to advise the plaintiff to see the neurosurgeon immediately. At trial, the neurosurgeon testified that the plaintiff’s condition had become permanent two to three weeks prior to his examination. The defendant moved for summary judgment.
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