Francisco Javier Miramontes v. Sharp Rees-Stealy Medical Group; Ronald MacIntyre, M.D.
Published: Apr. 4, 1998 | Result Date: Oct. 31, 1997 | Filing Date: Jan. 1, 1900 |Case number: 695100 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ashok Kar
(medical)
Defendant
Joseph D. Schmidt
(medical)
Facts
On Aug. 23, 1994, plaintiff Francisco Miramontes, a 61-year-old banquet waiter, presented to defendant Sharp Rees-Stealy Medical Group and underwent prostate cancer surgery performed by defendant Dr. Ronald MacIntyre. The plaintiff claimed that the day following his surgery, the Foley catheter came out and required replacement. He also claimed that complications developed in the replacement of the catheter, resulting in a false passage developing in the urinary tract, causing urine leakage. The plaintiff alleged that the catheter was removed too soon, resulting in urinary incontinence, for which he ultimately had an artificial sphincter placed. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $95,000 (to defendant medical group) and $29,999 (to defendant doctor). The defendants made a C.C.P. º998 offer of compromise for $29,999 (per plaintiff).
Injuries
The plaintiff claimed he suffered urinary incontinence, resulting in the placement of an artificial sphincter.
Other Information
The verdict was reached approximately three years after the case was filed. ARBITRATION: An arbitration was held on Nov. 5, 1996, before Ken Sobel, Esq., resulting in an award of $125,000. The defendants requested a trial de novo.
Deliberation
four hours
Poll
12-0
Length
five days
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