McDonald v. Moore (323 So. 2d 635, 1975)

PER CURIAM.

This is an appeal by Gary P. McDonald, plaintiff in the trial court, from a judgment on a jury verdict for compensatory damages in the amount of $5,000 in the plaintiff’s favor, in an action for malpractice against Dr. Thomas Earl Moore. McDonald contends that the amount of the verdict is inadequate due to the trial court’s striking his claim for punitive damages.

The plaintiff, a narcotics addict, underwent treatment by Dr. Moore, a psychiatrist. The treatment included daily prescriptions for methadone. McDonald agreed to permit Dr. Moore to perform a series of six electric shock treatments in order to cure his addiction to methadone without the pain of withdrawal. During the fifth treatment, McDonald complained of extreme pain in his left shoulder. The doctor minimized the importance of his complaint and convinced McDonald to proceed with the sixth treatment on the next day. After the sixth treatment, McDonald discovered that his shoulder had been dislocated and fractured by the shock treatments. The evidence showed that Dr. Moore failed to warn McDonald of the danger of a shoulder fracture and that he did not administer a muscle relaxant before the electric shock. One of the plaintiff’s medical'experts testified that it was not the usual practice to give shock treatments without utilizing the muscle relaxant; the other testified that such omission fell below the standard of care. They both testified that failure to advise the patient of the risk of fractures encountered with shock treatments was conduct