Booker Washington and Lizzie Washington v. Centers for Family Medicine, et al.
Published: May 20, 2000 | Result Date: Aug. 20, 1999 | Filing Date: Jan. 1, 1900 |Case number: 798438 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Carl T. Boylen
(medical)
Defendant
William P. Curran Jr.
(medical)
Bernard A. Michlin
(medical)
Facts
Plaintiff Booker Washington is an end-stage diabetic who was seeing the physicians at Centers for Family
Medicine (CFM) as his primary care doctors, from 1995 through 1997. During the course of his care, he
developed numerous right foot ulcers.
On a number of occasions, he was referred to a podiatrist for debridement of these ulcers. In August 1997, the
patient developed yet another foot ulcer, for which he sought treatment at CFM. He was seen on August 28, by
Dr. Pauer and on August 29 by Dr. Miller.
On August 29 visit, Dr. Miller requested authorization for podiatric treatment, which was approved. The
patient was seen by Dr. Kimura, who noted that the ulcer appeared gone but that a new one had developed. He
confirmed the podiatric referral.
On September 4, Dr. Kobayashi noted that the ulceration had become infected and advised Dr. Kimura that
hospitalization appeared appropriate. Dr. Kimura agreed and checked patient into Los Alamitos Medical
Center. The patient thereafter suffered a below the knee amputation of one leg and a partial foot amputation on
the other.
Other Information
PlaintiffÆs expert, Carl Boylen, testified that the defendants used antibiotics that did not impact the gram-negative infection that patient had developed and the failure to hospitalize him before September 4 caused him to lose his right foot and ultimately his left leg below the knee. Tom Holtom testified that the defendants should have cultured the ulceration, should have used different antibiotics and should have hospitalized the patient. DefendantÆs expert, Bernard A. Michlin, testified that the doctors at CFM acted within the standard of care in the treatment of plaintiff. He also opined that the taking of a culture by defendants would have been contaminated and useless and that their conservative treatment for the proceeding two years had bought the patient time off dialysis, for which he was destined. William Curran opined that the patient was going to lose his foot due to diabetes and it was only a question of time. Further, he testified that the actual cause of the patientÆs problems was vascular insufficiency, not infection.
Deliberation
5+ hours
Poll
12-0 (for Centers for Family Medicine), 12-0 (Dr. Miller), 12-0 (Dr. Pauer), 9-3 (Dr. Kimura)
Length
eight days
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