Confidential
Settlement – $90,000Facts
According to the plaintiff: On Sept. 10, 1998, at approximately 3 p.m., the patient, a 62-year-old woman, with
history of hypertension was presented to the HospitalÆs Triage Clinic, complaining of classic symptoms of
heart attack. The patient was accompanied to the hospital by her family members. The patientÆs complaints
included chest pain, shortness of breath, neck, shoulder and back pain.
At the time of examination, the patient had been complaining of chest pain and shortness of breath for several
hours. At approximately 3:30 p.m., the defendant intern and an employee of the hospital, examined and
diagnosed the patient as having muscle pain, thereafter prescribed 600 mg of Motrin and discharge the patient
by 4 p.m.
On the same day, within four hours after discharged, the patient died from a heart attack. Paramedics were
called but the patient was in full cardiac arrest.
The autopsy indicated the cause of death to be myocardial infraction. The lawsuit as brought by the decedentÆs
two legal heirs (two sons).
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand for $175,000. At the mediation on Aug. 23, 2000, the defendant offered $50,000, which was rejected. The offer to settle by the defendant was increased to $90,000 and the case was settled one week before trial.
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