Carolyn Kim v. Kaiser
Published: Dec. 6, 2008 | Result Date: Jun. 9, 2008 | Filing Date: Jan. 1, 1900 |Arbitration – $250,000
Court
Arbitration Forum
Attorneys
Plaintiff
Martin L. Stanley
(Law Office of Martin L. Stanley)
Defendant
Facts
Plaintiff Carolyn Kim presented at Kaiser and was seen by a nurse practitioner regarding a small mass on her breast, which one year later was diagnosed to be malignant breast cancer.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants acted below the standard of care by failing to refer and appropriately test her for breast cancer and by delaying in its diagnosis.
DEFENDANT'S CONTENTIONS:
The defendants denied that they breached the standard of care.
Settlement Discussions
Plaintiff demanded $50,000 at time of arbitration, and defendant Kaiser offered zero.
Injuries
The plaintiff claimed that she suffered additional damages, both with regards to her risk of death and with regards to the procedures that needed to be performed upon her, due to the delay in diagnosing the breast cancer.
Result
$250,000 binding arbitration.
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