Larry Kaplan v. Adam Mamelak
Published: Oct. 22, 2005 | Result Date: Sep. 16, 2005 | Filing Date: Jan. 1, 1900 |Case number: GC033144 Verdict – $0
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Kent T. Brandmeyer
(Law & Brandmeyer LLP)
Facts
Adam Mamelak, M.D., performed thoracic spine surgery on Larry Kaplan on July 2, 2002. An MRI performed on Sept. 11, 2002, revealed that Dr. Mamelak had missed the diseased disc in the spine by two levels. Kaplan served a letter giving notice of his intent to sue on September 17, 2003. Kaplan filed suit claiming medical malpractice.
Result
The jury unanimously found that Kaplan was on notice of wrongdoing by Mamelak over one year before giving notice of his intent to sue.
Other Information
The trial was limited to the issue of the statute of limitations affirmative defense.
Deliberation
one hour
Poll
12-0 (whether the plaintiff was on notice of potential wrongdoing by the defendant over one year prior to filing notice of intent to sue)
Length
four days
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