Brian King and Barbara King v. Sadiq Mandilawi, M.D.
Published: Oct. 24, 1998 | Result Date: Aug. 31, 1998 | Filing Date: Jan. 1, 1900 |Case number: KC025400 Verdict – $350,000
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Experts
Plaintiff
Paul D. Holtom
(medical)
Carl T. Boylen
(medical)
Defendant
David V. Cossman
(medical)
Ronald S. Fishbach
(medical)
Michael G. Bush
(medical)
Facts
On July 12, 1996, plaintiff Brian King, a 70-year-old man, went to his primary treating physician, defendant Dr. Sadiq Mandilawi, with a callus on the plantar aspect of his right foot. The defendant did not note the callus in his chart notes, and did not give treatment. On a return visit on Aug. 9, 1996, the callus on the plaintiff's right foot showed early signs of infection. Defendant ordered daily physical therapy, and oral antibiotics. Defendant did not follow-up with plaintiff for two weeks. During the period of physical therapy, the infection in his right foot worsened. The physical therapy department did not see the plaintiff on a daily basis, and there was some delay in reporting to defendant. Finally, the plaintiff was seen on Aug. 23, 1996, he still had an infection on his foot. The defendant continued a treatment of oral antibiotics and physical therapy. Thereafter, the infection in the plaintiff's foot continued to deteriorate, and on Aug. 29,1996, he was seen in the emergency room department at the Pomona Valley Hospital Medical Center. Due to severe infection and poor circulation, on Sept. 2, 1996, he underwent a life-saving, below-the-knee amputation. The plaintiffs, the patient and his wife, brought this action against the defendant based on medical malpractice.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $199,999. The defendant made no offer. Per the plaintiff, there was no offer by the defendant and no consent.
Injuries
The plaintiff suffered below the knee amputation of his right leg.
Other Information
The verdict was reached approximately one year and three months after the case was filed. A mandatory settlement conference held on July 2, 1998, resulting in no settlement. EXPERT TESTIMONY: Defendant's expert in internal medicine Michael Bush, testified at his deposition that had plaintiff been hospitalized at least three to five weeks earlier, the leg could have been saved. However, at trial, Dr. Bush attempted to change his testimony, explaining that since his deposition, he reviewed the depositions of the vascular surgeon, who testified that the circulation in plaintiff's right leg was so poor that no amount of treatment could have saved the leg.
Deliberation
three days
Poll
11-1 (negligence), 9-3 (causation and damages)
Length
14 days
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