Maria Rodriguez v. Thomas E. Elliott
Published: Feb. 10, 2004 | Result Date: Oct. 14, 2003 | Filing Date: Jan. 1, 1900 |Case number: V98000462 Verdict – $0
Judge
Court
Yolo Superior
Attorneys
Plaintiff
Defendant
Thomas Joseph Doyle
(Schuering, Zimmerman & Doyle LLP)
Experts
Plaintiff
Barry J. Bumgardner
(medical)
Defendant
Craig A. Johanson
(medical)
Richard Detwiler
(medical)
Facts
On Aug. 20, 1997, plaintiff Maria Rodriguez, 40, went to the emergency room at Sutter Davis Hospital with abdominal complaints. She had been seen in another emergency room a day prior and saw her OB/GYN earlier on Aug. 20. The plaintiff was seeing by defendant Dr. Thomas Elliott, a general surgeon. He obtained a history and performed a physical examination. The defendant diagnosed the plaintiff with gastroenteritis and ordered a barium enema. He planned to perform an appendectomy if the appendix did not fill. The procedure was performed but it was not completed because the plaintiff could not tolerate enough barium and air. The findings were inconclusive. The defendant concluded that the plaintiff had gastroenteritis based on her history and examination. Before leaving the emergency room and on Aug. 21, the plaintiff was also evaluated by her primary care physician. On Aug. 25, plaintiff returned to the emergency room. The emergency medicine physician contacted the defendant who concluded the plaintiff did not have an acute surgical abdomen. Four days later, the plaintiff saw her primary care physician again. At this time, no one had diagnosed appendicitis. On Sept. 2, plaintiff was admitted to Woodland Memorial Hospital. A CT scan was taken which revealed a mass and an exploratory laparotomy was performed. The tip of the plaintiff's appendix was inflamed and perforated.
Settlement Discussions
The plaintiff demanded $29,999; there was no offer from defendant.
Damages
The plaintiff claimed damages for medical expenses, lost wages and pain and suffering.
Injuries
The plaintiff claimed that her appendix perforated which caused damage to her transverse colon.
Result
The jury found for defendant.
Deliberation
seven hours
Length
eight days
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