Carl McPeters v. Desert Hospital and Theodore Waltuch, M.D.
Published: Aug. 31, 1996 | Result Date: Jul. 26, 1996 | Filing Date: Jan. 1, 1900 |Case number: 78973 – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)
Defendant
Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Frederick J. Wahl
(medical)
William D. McIntyre
(medical)
Angela Jelinek
(medical)
Defendant
Charles R. Kossman
(medical)
Walter Fahlsing
(medical)
Facts
On Sept. 5, 1993, plaintiff Carl McPeters, a 40-year-old painter, underwent surgery at defendant Desert Hospital to remove his spleen for treatment of a chronic low platelet count. The defendant surgeon, Dr. Theodore Waltuch, performed the surgery. The Plaintiff's pancreas was injured during the surgery and there was a slight delay in the plaintiff receiving some of the platelets requested by the surgeon. Three additional surgeries were eventually performed by another surgeon to correct post-operative complications. The plaintiff brought this action against the defendants, Desert Hospital and Dr. Waltuch, based on negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $350,000 to $450,000. Per the plaintiff, the defendant surgeon made a C.C.P. º998 offer of compromise for $80,000. The defendant hospital made no offer.
Specials in Evidence
$613,000 $7,150 $1,200
Damages
The plaintiff claimed $250,000 in general damages.
Injuries
The plaintiff alleged he sustained an injured pancreas and post-operative complications, requiring three additional surgeries as a result of the defendants' negligence.
Other Information
The verdict was reached approximately one year and eight months after the case was filed.
Deliberation
1+ hours
Poll
11-1 (hospital), 9-3 (doctor)
Length
13 days
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