Ernesto Longoria, Hector Longoria, Eudelia Pinedo, and Esmeralda Carrasco v. Community Hospitals of Central California, et al.
Published: Oct. 7, 1995 | Result Date: Aug. 27, 1995 | Filing Date: Jan. 1, 1900 |Case number: 4941696 – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Michael F. Ball
(McCormick, Barstow, Sheppard, Wayte & Carruth LLP)
Richard S. Salinas
(Salinas Law Group Inc.)
Experts
Plaintiff
Venu Gopal
(medical)
Richard L. Treiman M.D.
(medical)
Edwin J. Jacobson
(medical)
Defendant
William Hadcock Jr.
(medical)
Facts
The patient Mrs. Longoria, a 78-year-old retiree and mother of four adult Plaintiffs, was diagnosed with chronic renal disease. It was determined that she would need dialysis. In order to undergo the treatment, she needed a catheter placed. Defendant Dr. Pankaj P. Ram ordered the dialysis and catheter placement; Defendant Dr. Sukhjit Singh Chahal performed the relatively minor procedure. Plaintiffs alleged that, during the procedure, their mother's subclavian vein was accidentally perforated, causing Estafana Longoria to bleed internally (into her chest) and eventually to bleed to death. On August 31, 1992, before the procedure/surgery, the patient told Dr. Ram that she was withdrawing her consent for the surgery; Dr. Ram made an entry to that effect in the patient's chart. He then phoned the patient's daughter, who had previously signed the written informed consent. Dr. Ram informed Mrs. Pinedo (the daughter) of her mother's request/refusal; and Mrs. Pinedo said she would come right over to the hospital; it was disputed as to whether or not she also told Dr. Ram to stop the surgery/procedure. Dr. Ram took no further actions and the surgery went forward a few hours later. Defendants Community Hospitals of Central California and Fresno Community Hospital and Medical Center were dismissed from the lawsuit by Plaintiffs in exchange for a waiver of costs approximately one month before trial.
Settlement Discussions
Defendants contend they made no offers, gave no consent; and Plaintiffs made a 998 demand in the amount of $75,000 to both Defendants. Plaintiffs contend Defendant Ram offered $5,000 at the MSC.
Injuries
Death of 78-year-old mother.
Other Information
Dr. Ram prevailed as against one of the four Plaintiffs on a statute of limitation affirmative defense; after a two-day Court trial, immediately preceding the seven-day jury trial. Plaintiff's motion for new trial was denied.
Deliberation
4 hours
Poll
9-3 (Dr. Chahal), 10-2 (Dr. Ram)
Length
7 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390