Michael Howard v. Tony Y. Tam M.D.
Published: May 15, 1999 | Result Date: Mar. 18, 1999 | Filing Date: Jan. 1, 1900 |Case number: 152318 Verdict – $384,500
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert D. Lawrence
(medical)
Samuel Esterkyn
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Mark Segall
(medical)
Mark A. Cohen
(technical)
Steven Patching
(medical)
Facts
Plaintiff's decedent, age 26, had a history of two prior bowel obstructions on April 30, 1996. He had abdominal cramping and went to the hospital emergency room but was sent home. When the pain continued, the patient returned to the emergency room in the early morning hours of May 1 and was sent home. He went to his doctor at 9 a.m. that morning, who admitted him, ordered IV fluids, NG suction and a surgical consultation. The hospital nurses were unable to insert the NG tube. The defendant surgeon did not see the patient until 5 p.m. and inserted the NG tube. During the night, the patient was agitated, shouting, confused and incoherent. He pulled out his tubes on several occassions and the nursing staff was unable to reinsert them. Restraints were ordered but not applied. The defendant did not return to see the patient until 9 a.m. on May 2. At that time, X-rays showed bowel obstruction and labs were consistent with infection. The IV and NG tubes were not restarted. The defendant asked the hospital to place the decedent on the surgical add on list for exploratory laparotomy. There was conflicting evidence as to whether the surgery was scheduled for 9 p.m. or 5 p.m. The patient continued to deteriorate during the day. Restraints were placed at noon. At 3:30 p.m., the patient went into cardiac arrest and died the following day. There was no autopsy. The decedent was divorced and had a 9-year-old son at the time of his death that he raised since birth. The decedent had a sketchy work history of multiple minimum wage jobs. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $665,000 to all parties. The demand was reduced to $375,000 as to Dr. Tam after one of the defendants had been dismissed and the other settled for $60,000. No offer was made.
Specials in Evidence
$49,000 $260,000
Injuries
Death of father.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. Following the jury's verdict, the case eventually settled prior to the post-verdict hearing.
Poll
9-3 (liability); 10-2 (damages) and 11-1
Length
ten days
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