Richard Matthews v. Robert J. Giombetti
Published: May 20, 2000 | Result Date: Jan. 27, 2000 | Filing Date: Jan. 1, 1900 |Case number: SC046028 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
John C. Kelly
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
H. Ronald Fisk M.D., Ph.D.
(medical)
Defendant
N. Paul Rosenthal
(medical)
Facts
On Nov. 23, 1995, plaintiff presented to the emergency room at Daniel Fredman Hospital complaining of, among
other things, chest pain, pain in his back and weakness in all four extremities. Initial evaluation did not reveal
any objective findings for his complaints and the initial diagnosis was of a psychiatric "conversion disorder."
Plaintiff was admitted to the Psychiatric Unit, where he continued to be unable to move his arms and hands.
Neurological consultation was requested and the patient was seen by defendant Giombetti who conducted a
neurological examination. No MRI or nerve conduction studies were ordered at that time.
On November 29, plaintiff was discharged and advised to follow-up, which he failed to do for three weeks.
Subsequently, plaintiff obtained neurological evaluations indicating that he had radiculopathy (cervical cord
compression), requiring surgery.
Deliberation
two hours
Poll
12-0
Length
nine days
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