Thomas Swann v. Manuel Marquez, M.D.; Peter G. Weiner, M.D.
Published: Apr. 11, 1998 | Result Date: Mar. 26, 1998 | Filing Date: Jan. 1, 1900 |Case number: CIV171846 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Mark S. Ravis
(Law Office of Mark S. Ravis)
Defendant
Experts
Plaintiff
Steven Schwartz
(medical)
Gail Simpson
(medical)
Defendant
Thomas L. Beamer
(medical)
Lawrence J. Schwartz
(medical)
Facts
Beginning in February 1995, defendant Dr. Manuel Marquez was the primary care physician to plaintiff Thomas Swann. The plaintiff, who was diagnosed with HIV in 1990, was referred to defendant ophthalmologist, Dr. Peter G. Weiner, to rule out cytomegalovirus (CMV) retinitis. The examination was conducted on Dec. 7, 1995 and the results were normal. The plaintiff continued to see Marquez on a regular basis. In March 1996, plaintiff reported to Marquez a visual field deficit. Marquez referred the patient to Weiner for examination. On March 22, 1996, a visual field examination was performed that indicated complete loss of central vision in the left eye. The plaintiff was last seen by Marquez in April 1996. The plaintiff brought this action against the defendants based on a medical malpractice theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $100,000. The defendants made no offers.
Injuries
Left eye blindness, right eye vision compromise due to CMV retinitis and retinal detachment. Complete central vision and some peripheral vision loss in left eye; right eye later developed CMV retinitis and some visual compromise.
Other Information
The verdict was reached approximately one year after the case was filed. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on March 2, 1998, before James McGahan, Esq., Pro Tem, resulting in no settlement. EXPERT TESTIMONY: Plaintiff's expert, Dr. Gail Simpson, criticized Marquez for the failure to obtain a complete history, failure to document complaints of visual disturbances, failure to timely refer to an ophthalmologist and failure to record follow-up care. Dr. Steven Schwartz claimed Weiner failed to do a complete examination of the retina and missed the diagnosis of CMV retinitis in December 1995; and failed to timely respond to the findings of the visual field examination conducted on March 22, 1996. He was critical of the failure by both Marquez and Weiner to educate the patient as to CMV retinitis. Dr. Schwartz testified that as of March 22, 1996, the administration of medication would not have altered the outcome. Defendants' expert, Dr. Thomas Beamer, a family practitioner, testified that the plaintiff's complete medical record included a patient history/questionnaire prepared by the patient and was included as a part of the patient's records maintained by Marquez; that the medical records of Marquez were well documented; no complaints of visual problems were made by the patient until March 1996; and that the referral to the ophthalmologist in March was timely. He further testified that once the patient's care was provided by a different physician, Marquez did all documentation that was reasonable and necessary. Dr. Lawrence Schwartz, an ophthalmologist, described the manner in which an appropriate examination should be conducted. He testified it was consistent with that performed by Weiner in December 1995. He also agreed that Weiner's evaluation of the March 22, 1996, visual field test indicated complete loss of central vision, and that a later-made same-day referral to a retinal specialist was appropriate.
Deliberation
one hour and 20 minutes
Poll
12-0 (both defendants)
Length
six days
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