Leslie Bettker v. Pulmonary Consultants & Primary Care, Anwar Abdelhadi
Published: Jun. 17, 2003 | Result Date: Mar. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC09615 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Robert L. Luty
(Robert L Luty Attorney at Law)
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Dilip Tapadiya
(medical)
M. McLeod Griffiss
(medical)
Minson Mok
(medical)
Defendant
Douglas C. Cable M.D.
(medical)
William P. Klein
(Klein Law Group LLP)
(medical)
Facts
The plaintiff, a 50-year-old female, had previously undergone an above the knee amputation, was admitted to Fountain Valley Regional Medical Center due to swelling in her stump. The concern was for deep vein thrombosis. Her primary care physician sent her to the hospital where she was admitted to the care of a hospitalist, Dr. Anward Abdelhadi. A hospitalist only cares for the patient while hospitalized. She was in the hospital from Aug. 7-10, 2000. She ultimately underwent a CT guided aspiration of fluid collection in her stump. This occurred on the day prior to discharge. The fluid was sent to the laboratory for a gram stain and culture. On Aug. 10, 2001, she had no fever, was feeling better and the erythema seemed to have lessened. She was discharged on Keflex and instructed to follow up with her primary care doctor in seven days. She did not return to her primary care doctor for almost three weeks, but spoke with him by phone due to an allergic reaction. He switched medications without checking on the laboratories. After the patient was discharged, the results of the cultures became available. The culture revealed that the patient had a pseudomonas infection. The patient had been sent home on Keflex for a presumed staph infection. From Aug. 11 until the primary care doctor checked the results in early September 2001, the culture results were not followed up on by any physician. Once the results became known, the patient was immediately put on Cipro, ultimately admitted to the hospital and put on IV antibiotics and ultimately underwent a subsequent surgery to remove a fluid pocket and in order to provide appropriate padding for her stump, approximately one inch of bone was resected.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $100,000. The plaintiff confidentially settled with the hospital before trial. The plaintiff did not sue her personal medical doctor at her election.
Specials in Evidence
$15,000 $25,000 (for the new prosthesis)
Deliberation
four hours
Poll
9-3 (negligence)
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