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Torts
Elder Abuse
Medical Malpractice

Nathan Goldstein v. St. John's Medical Center

Published: Mar. 1, 2001 | Result Date: Jan. 18, 2001 | Filing Date: Jan. 1, 1900 |

Case number: SC057351 Verdict –  $0

Judge

Laurence D. Rubin

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Kent M. Henderson
(Guizar, Henderson & Carrazco LLP)


Defendant

N. Denise Taylor
(Taylor DeMarco LLP)


Experts

Plaintiff

Michel F. Brones
(medical)

Laura Mosqueda
(medical)

Joyce M. Licata
(medical)

Defendant

Robert T. Wang M.D., Ph.D.
(medical)

Jed Horowitz M.D.
(medical)

Facts

On Dec. 14, 1998, the plaintiff, a 78-year-old man with dementia from Lewy body (a form of ParkinsonÆs disease
with a dementing characteristics of AlzheimerÆs disease) was admitted to St. JohnÆs Medical Center with
sepsis and hypotension, from the nursing home where he resided.
At the time of admission, he had a Stage II decubitus ulcer on his scrotum, and a Stage I decubitus ulcer on his
sacrum. At the time of admission, he was severely malnourished, cachectic and his limbs were contracted. He
had a Do Not Resuscitate order. During the course of the hospitalization, his wife agreed to the insertion of a
G-tube for feeding. His hospital course was complicated by the development of Flagl-resistant C-diff, which
extended his hospital stay and resulted in severe diarrhea.
During the course of the hospitalization, he developed 16 decubitus ulcers, the most serious being a large,
Stage IV decubitus ulcer on the sacrum, and two Stage IV decubitus ulcers on his left foot. These ulcers
required debridement, and the sacral ulcer required a flap surgery after discharge from the hospital.

Settlement Discussions

The plaintiff demanded $215,000. The defendant offered $29,999.

Specials in Evidence

$85,000 (paid by private insurance and Medicare)

Injuries

Pain and suffering from the development of the decubitus ulcers and need for debridement and flap surgery without anesthesia.

Other Information

Three co-defendant consulting doctors all dismissed prior to trial; co-defendant hospital entered into a confidential settlement prior to trial.

Deliberation

2.5 hours

Poll

10-2 (no negligence)

Length

10 days


#106996

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