Harold Scott individually and as executor of the Estate of Margaret L. Scott, et al. v. Santa Barbara Cottage Hospital, et al.
Published: Jul. 26, 1997 | Result Date: Mar. 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: 211652 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Peter G. Bertling
(Bertling Law Group )
Experts
Plaintiff
Robert T. Shorr
(medical)
Ivan C. Neubauer
(medical)
Defendant
Robert W. Beart
(medical)
Facts
Decedent Margaret Scott, a 48-year-old homemaker, had a long history of gastrointestinal problems. She had been to numerous specialists without long-term relief and had been seen many times at defendant Sansum Medical Clinic, where extensive work-ups had been conducted. In October 1994, she elected to have surgery in an attempt to obtain relief. On Nov. 1, 1994, the decedent underwent a low anterior re-section of the sigmoild colon. The defendants claimed the decedent had numerous small bowel adhesions that had to be lysed to mobilize her colon, and that after sugery she was stable and her initial post-operative course was unremarkable. The decedent's progress was charted by the nurses and residents at defendant Santa Barbara Cottage Hospital as well as by defendant Dr. Corman. The defendants claimed the decedent was observed frequently and gave no indication of significant problems. Late in the evening of Nov. 6, 1994, the decedent became hypotensive, tachycardiac and febrile. On Nov. 7, 1994, abdominal computerized tomography was obtained and showed multiple air pockets containing abscesses in the abdomen. She was taken to the operating room where she underwent drainage of multiple abscesses and a small bowel resection. She became septic, and in spite of medical efforts, she died on Nov. 28, 1994. The plaintiffs, the decedent's husband and granddaughter, brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $1 million. The defendants made no offers of compromise.
Specials in Evidence
$2,700
Damages
The plaintiffs claimed loss of comfort and society and loss of anticipated contribution. The decedent earned approximately $20,000 a year through her work in the family cement contracting business.
Injuries
Death of a wife/grandmother.
Other Information
The verdict was reached approximately one year after the case was filed. A settlement conference was held on Oct. 25, 1996 before Judge Bruce Dodds of Santa Barbara Superior Court. It did not resolve the matter. The plaintiff elected to forego a new trial motion as to Santa Barbara Cottage Hospital. The plaintiffs filed a notice of appeal as to Dr. Corman and Sansum Medical Clinic Inc. EXPERT TESTIMONY: Plaintiffs' experts Dr. Robert T. Schorr and Ivan Neubauer testified that the diagnoses of diverticulitis leading to the surgery was incorrect and that no surgery was necessary. Consequently, any subsequent injury was the result of an unnecessary surgery. Plaintiffs' expert also testified that the residents fell below the standard of care by failing to properly monitor the decedent and appreciate her signs and symptoms. Defense expert Dr. Robert Beart testified that the decedent was an appropriate candidate for surgery, given her long history of abdominal complaints and problems, and that prior abdominal surgery, did not resolve her complaints.
Deliberation
2¼ hours
Poll
11-1 defense (for defendant Dr. Corman); 11-1 defense (for defendant Sansum Medical Clinic); 12-0 defense (for defendant Santa Barbara Cottage Hospital)
Length
5 days
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