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Personal Injury
Medical Malpractice
Delayed Diagnosis

Donn Falaschi v. Robert D. Tufft, M.D., Internists’ Medical Group and Does 1 to 100

Published: Oct. 15, 2011 | Result Date: May 11, 2011 | Filing Date: Jan. 1, 1900 |

Case number: RG09478408 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Neil T. Medeiros

Rami S. Shamieh


Defendant

Robert W. Hodges
(McNamara,Ney,Beatty,Slattery,Borges & Ambacher LLP)


Experts

Plaintiff

Steven H. Fugaro
(medical)

Defendant

Dean Nickles
(medical)

Fred D. Youngswick
(medical)

Lawrence H. Wanetick
(medical)

Facts

Dr. Robert Tufft, an internist and wound care specialist at Internists' Medical Group (IMG), treated Donn Falaschi between Oct. 18 and Oct. 30, 2008 after he complained of severe pain attributed to a puncture wound on his left heel. Falaschi was hospitalized for three days following a severe foot infection from the site of his puncture would.

Contentions

PLAINTIFF'S CONTENTIONS:
Falaschi contended that Tufft disregarded his complaints, and filed suit against him and IMG, alleging medical malpractice for failure to timely diagnose and treat. Falaschi alleged that Tufft knew or should have known he was diabetic and that his injury could lead to grave medical consequences. He further claimed that Tufft should have hospitalized him earlier.

DEFENDANT'S CONTENTIONS:
Tufft denied Falaschi's allegations, contending there was not any evidence of infection or injury to his left heel until Oct. 30 when he treated the condition and referred Falaschi for hospitalization.

Damages

Falaschi sought damages for medical expenses, loss of earnings, costs and attorney fees.

Injuries

Falaschi claimed to suffer ongoing pain in his heel.

Result

The jury rendered a verdict for the defense.

Deliberation

eight hours

Poll

10-2

Length

10 days


#114869

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