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
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390