right arm. He had to start hammering with his left hand. He described other surgeries where he also compensated by switching positions or using the other arm, such as when surgically dislocating a hip, and placing screws in an open pelvis. Thus far, he has been able to do the surgeries assigned to him. He just has trouble doing them. But after fixing a pelvis and other surgical activities he was in pain. Pain was worse some weeks than others.
The jury heard the following conflicting medical testimony regarding whether Peter has a permanent functional impairment of his shoulder that would result in loss of future earning capacity in performing the duties of an orthopedic surgeon.
According to Dr. Carson, based on the last time he saw Peter in Mayto tell whether the condition of Peter's shoulder would affect Peter's work or his ability to perform the duties of an orthopedic surgeon. He stated, however, that he would defer to the professionals who were treating Peter. In particular, he would defer to Dr. McCarty regarding Peter's prognosis since Dr. McCarty was the last doctor to examine Peter.
Dr. McCarty gave Peter an anatomical impairment of 15% of upper extremity permanent impairment and 9% whole body impairment. Dr. McCarty, however, did not take pain in consideration. He further testified he had no knowledge that Peter ever had a functional capacity examination. Dr. McCarty stated that it was more likely than not that Peter's injuries resulted from the trauma of the February 1999 accident. He thought the injuries would probably