Facts

Daniel Luna, 77, was treated at Hemet Valley Medical Center on March 16, 2001, following a fall in the shower. Luna's wife, Elida Luna, and his adult children Cruz Luna, Victoria Luna, Kenneth Luna, and Eva Gioeli sued Hemet Valley Medical Center, Hemet Radiology Medical Group Inc., and Dr. Larry Thomas, in connection with the treatment Daniel Luna received.

The matter proceeded to trial against Dr. Alvin Hensel only. The other defendants either settled or were dismissed.

PLAINTIFFS' CONTENTIONS:
Daniel Luna was taken to the emergency room and seen by Dr. Larry Thomas. Luna complained of rib pain, and Dr. Thomas ordered an x-ray of the thoracic spine instead of the Daniel's chest. Dr. Alvin Hensel, a radiologist, interpreted the results, but did not find any fractures so the patient was sent home. Three days later, Daniel returned to the emergency room with complaints of rib pain. An X-ray and CAT scan of his chest were performed, revealing numerous fractures in several of his ribs. Although Daniel was transferred to a local trauma center, he died one day later.

The decedent's survivors claimed medical malpractice and wrongful death. Plaintiffs alleged that Hansel was responsible for Daniel's death because he failed to detect his rib fractures. Plaintiffs further alleged that the decedent died from a pulmonary embolism because of the delay in diagnosing his fractured ribs.

DEFENDANTS' CONTENTIONS:
Hensel denied any liability, claiming that the detection of the decedent's rib fractures would not have prevented the eventual death. Moreover, Hensel contended that his responsibility was to study the decedent's spine, not his ribs. Hansel denied any wrongdoing.

Result

The jury did not find Hensel responsible for the decedent's death, and rendered a verdict in favor of the defense.

Other Information

FILING DATE: March 15, 2012.