Facts

Bing Wong and Pui Lee sued the County of Los Angeles, Los Angeles County/USC Medical Center, Dr. Hew Quon, and Hew Wah Quon, M.D. APC in connection with the death of their 33-year-old child, Kin Wong. The county and USC were later dismissed in the lawsuit, and the matter proceeded only against Quon and his practice.

PLAINTIFF'S CONTENTIONS:
Plaintiff asserted that on Feb. 20, 2010, the decedent presented to Dr. Quon at his medical office. The decedent complained of a medical condition that produced symptoms, including coughing up blood, suggesting a pulmonary disease. Dr. Quon concluded that the decedent's condition was caused by something innocuous, possibly a ruptured blood vessel, or perhaps hay fever. On May 29, the decedent returned to Dr. Quon's office. He had swollen lymph nodes and was coughing. Wong referred the decedent to another service care provider. The decedent later became ill, and attempted to drive to a hospital. He called 911 complaining of difficulty breathing. The paramedics who responded to his 911 call found him outside of his car, dead, and surrounded by his own blood.

Plaintiffs contended that the decedent's death was caused by tuberculosis, and coughing up blood was one of the symptoms of the disease. They contended that on Feb. 20, 2010, the decedent presented to Dr. Quon with evidence of tuberculosis. As such, the doctor should have sent the decedent to an emergency room. Alternatively, the doctor should have ordered a chest X-ray, which would have determined or ruled out the decedent's medical condition. However, Dr. Quon failed to do either. Instead, Dr. Quon diagnosed the decedent with something innocuous. Then, when the decedent returned to Dr. Quon on May 29 with swollen lymph nodes and coughing, Dr. Quon again failed to send the decedent to an emergency room. Consequently, Dr. Quon's care of the decedent during the Feb. 20 and May 29 visits was inadequate, and caused the decedent's death.

Plaintiffs asserted a cause of action for medical malpractice. Plaintiffs contended that Dr. Quon negligently failed, refused, and/or delayed to perform the necessary treatment and care that the decedent needed for the symptoms and conditions that the decedent presented. Plaintiffs further contended that Dr. Quon owed the decedent a duty of care, and that Dr. Quon breached it. Moreover, plaintiffs contended that defendant's breach of care caused the decedent's death.

DEFENDANTS' CONTENTIONS:
Dr. Quon contended that the care he provided was appropriate and fell within the standard of care. In addition, Dr. Quon's experts opined that the decedent's death was not preventable by the time the decedent visited Dr. Quon on May 29 given the severity of the decedent's disease.

Damages

The decedent's parents requested $670,000 in total damages.

Injuries

The decedent died of complications from tuberculosis.

Result

The jury found in favor of the defense.

Poll

10-2

Length

six days