Peter about 50 times in 1999 at his home for dinner or family gatherings. During that time, Dr. Robert D'Ambrosia did a couple of exams. He had no records of those visits. During the years of 1999 to 2002, he would occasionally examine Peter. In 2004, Dr. Robert D'Ambrosia traveled back and forth to New Orleans and he saw Peter fairly frequently. He stated he never saw Peter as a patient directly. He mostly saw him as a concerned father. He never took notes of those visits.
The jury heard extensive testimony regarding whether Peter had atrophy or weakness of the muscles as a result of nerve injury.
Dr. Robert D'Ambrosia testified that with a nerve injury, muscle weakness does *813 not become evident until a minimum of six weeks.Furthermore, since the muscle is under the scapula, muscle atrophy is not apparent. He stated that Peter's serratus muscle was not normal because there was winging. Dr. Carson explained that winging of the scapula occurs when one or more muscles are not functioning well.
According to Dr. Carson, he found that with the exception of the supraspinatus muscle group, Peter's strength about the muscle of the shoulder was otherwise normal. In April 1999, he saw no atrophy of the muscle groups. It would take several months to see a loss of muscle tone. As the muscle deteriorated, the shoulder problem would potentially become worse.
In 2001, however, Dr. Cazale did not find any significant atrophy in Peter's examination. He could not detect any weakness on manual testing of muscles of