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Personal Injury
Medical Malpractice
Delayed Diagnosis

Jose M. Salgado v. Regents of the University of California

Published: Aug. 19, 2003 | Result Date: Apr. 7, 2003 | Filing Date: Jan. 1, 1900 |

Case number: SC058414 Verdict –  $0

Judge

James A. Bascue

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Jeffrey C. Bogert
(Law Offices of Jeffrey C. Bogert)


Defendant

Steven D. Davis
(Steven D. Davis Law Group APC)


Experts

Plaintiff

Moses Joseph Fallas M.D.
(medical)

David Allegra
(medical)

Defendant

David V. Cossman
(medical)

Facts

On May 21, 1998, plaintiff Jose Salgado, a 44-year-old business owner, presented to the emergency room of UCLA Medical Center. He had been seen previously that day at Century City Hospital and was evaluated with a CT scan, which showed a possible thrombus in the right portal vein. Century City Hospital attempted an ultrasound, but it was equivocal. The plaintiff was referred to UCLA Medical Center for evaluation of possible portal vein thrombosis. A mesenteric arteriogram was performed and was negative. The plaintiff was discharged from the medical center the following day. When he again presented to the emergency room at Century City Hospital on May 24, an emergent laparotomy was performed. His small intestine was significantly necrosed and 2.5 feet of his small intestine was surgically removed. The plaintiff sued the Regents of the University of California for medical malpractice.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $249,000. The defendants did not make an offer.

Specials in Evidence

$75,000

Injuries

The plaintiff required resection of 2.5 feet of his small intestine.

Result

The jury did not find negligence and returned a defense verdict.

Deliberation

two hours

Poll

9-3

Length

eight days


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