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Personal Injury
Medical Malpractice
Failure to Diagnose Breast Cancer

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

Mark M. Stewart


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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