Facts

Dr. Alexander Stein, M.D., was requested by another physician to render emergency care to Linda Boda, age 55, for a complication arising from the prior care by that other physician. Stein provided medical care to Boda on July 28 and July 29, 2005. The plaintiff, the decedent's husband alleged that Stein failed to treat promptly and effectively the recognized complication of retroperitoneal hematoma following a stent procedure, thereby causing Linda Boda's death.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Stein breached the standard of care in failing to evaluate, diagnose, and provide proper medical treatment to the decedent.

DEFENDANT'S CONTENTIONS:
Stein contended that all medical care and treatment provided to the decedent was appropriate and complied with the requisite standard of care. Stein also claimed that he was protected by the immunities provided by Business & Professions Code sections 2395 and 2396.

Damages

The plaintiff claimed $500,000 in damages.

Result

Defense verdict. The jury found that Stein did provide emergency medical care under circumstances affording him the protection of Business & Professions Code sections 2395 and 2396.

Other Information

On March 17, 2006, the case was dismissed without prejudice. The case was refilled on Oct. 2, 2008.

Deliberation

three hours

Length

six days