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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Operation

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

H. Morgan Dougherty

Court

Riverside Superior


Attorneys

Plaintiff

Mary Thorndal

Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)


Defendant

Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)

Ralph G. Helton


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


#113874

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