The plaintiff filed a medical negligence claim against client, urgent care facility alleging they breached the standard of care by failing to diagnose a right ankle fracture. The treating nurse practitioner noted the pain started nearly two months prior to seeking treatment and the plaintiff continued to train despite the swelling and pain. Upon examination, the plaintiff was noted as able to ambulate, bear weight, and wiggle his toes. Diagnostic imaging confirmed no acute injury and the plaintiff was discharged with instructions to follow up with an orthopedic physician. Three months later, the plaintiff was diagnosed with a right ankle fracture on or about the same time he won a boxing match in Mexico against a former Mexican Heavyweight Champion.
Baraff initiated an extensive social media search which revealed the right ankle injury had no impact on the plaintiff’s training and fighting schedule as he vigorously prepared for a bout in New Zealand. Multiple sparring, conditioning, and press videos posted to Facebook and Instagram confirmed the plaintiff was not affected by the injury. Expert opinions supported that the client defendant met the standard of care in treating the plaintiff. Faced with the virtual impossibility of proving damages, Baraff left the plaintiff no choice but to agree a dismissal with prejudice.