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Personal Injury
Medical Malpractice
Failure to diagnose

William Bennett v. Daniel Ghiyam

Published: Oct. 29, 2005 | Result Date: Oct. 6, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SC039544 Verdict –  $0

Judge

Henry J. Walsh

Court

Ventura Superior


Attorneys

Plaintiff

Michael F. Baltaxe
(Sottile Baltaxe)

Franklin D. Pelletier


Defendant

James C. Schaeffer
(Schaeffer, Cota & Rosen LLP)


Experts

Plaintiff

H. Ronald Fisk M.D., Ph.D.
(medical)

Defendant

David G.N. Frecker
(medical)

John R. Hesselink M.D.
(medical)

Kolar Murthy
(medical)

Mark R. Needham M.D.
(medical)

Richard Midthun
(medical)

Facts

Plaintiff William Bennett consulted with defendant Daniel Ghiyam, M.D., a family practitioner, on March 3, 2003. He complained of dizziness and Dr. Ghiyam gave a vertigo diagnosis. The plaintiff returned on March 18 with further complaints. According to the defendant, the plaintiff complained of headaches and tingling on one side of his face. According to the plaintiff and his wife, he complained of tingling and numbness on the entire left side of his body. The defendant diagnosed the plaintiff with Bell's palsy. On March 23, the plaintiff collapsed and was transported to Los Robles Hospital in Thousand Oaks. He was diagnosed with a stroke.

Specials in Evidence

$120,000 $400,000

Result

The jury found for the defendant.

Deliberation

two hours

Poll

12-0

Length

seven days


#107693

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