Dennis Stewart v. Scott G. Smith, Sutter Health, Sutter VNA, Sutter General Hospital
Published: Apr. 8, 2006 | Result Date: Jan. 11, 2006 | Filing Date: Jan. 1, 1900 |Case number: 03AS06345 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Robert H. Zimmerman
(Schuering, Zimmerman & Doyle LLP)
Experts
Plaintiff
Robert I. Steiner
(medical)
Defendant
Stephen P. Abelow
(medical)
Facts
Dennis Stewart suffered a fracture to his left knee after he tripped over an exterior garden hose at his home. Stewart, 45, was admitted to Sutter General Hospital in Sacramento where Scott Smith, an orthopedic surgeon, performed surgery on his knee. After his discharge from the hospital, Stewart was instructed to wear a knee immobilizer. After Stewart fell a second time, Smith required him to wear a cast so the knee would heal properly. The cast caused Stewart to develop an abrasion on his lower leg. A new cast with padding was given to Stewart, but this cast also caused pain in his ankle. On his follow-up visit 11 days after the new cast had been given to him, the cast was removed. An open wound was discovered on Stewart's ankle and he was admitted to the hospital for treatment. Stewart sued Smith, Sutter General Hospital and its affiliates, Sutter Health and Sutter VNA. Stewart alleged medical malpractice associated with Smith's negligence in placing the wrong cast on his leg. The Sutter defendants were voluntarily dismissed prior to the trial.
Settlement Discussions
The plaintiff demanded $100,000 (C.C.P. Section 998). The defendant offered a waiver of costs.
Specials in Evidence
$106,000, Medicare reduced to $26,000
Damages
The plaintiff, who was unemployed, sought $250,000 in damages. This sum included his medical costs and pain and suffering.
Injuries
The plaintiff's wound required a skin graft, followed by a 10-week recovery period at the hospital and a recovery facility.
Result
The jury returned a defense verdict.
Deliberation
3.5 hours
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390