Confidential
Settlement – $475,000Court
Case Not Filed
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Heidi L. Kjar
(Reback, McAndrews & Blessey LLP)
Facts
On Dec. 7, 2002, the plaintiff, age 57, was transported by paramedics to Roe Hospital Emergency Room. He was initially evaluated by a resident. The protocols of the emergency department required that an attending physician review the chart and oversee the resident's decisions. Despite an abnormal EKG, the patient was released with a diagnosis of atypical chest pain and instructed to see his primary care physician in a few days. In reality, the patient was suffering from chest pain of cardiovascular origin and should have been admitted and worked up. Although the defendant did not admit liability, the evidence revealed that a discharge nurse wrote the diagnosis of atypical chest pain. The resident physician indicated that he felt the patient should have been admitted and could not explain why he was released. Both attending physicians denied having evaluated the patient.
Settlement Discussions
The plaintiff initially submitted a C.C.P. Section 998 demand of $699,999. The case subsequently settled at a mediation before Martin C. Handweiler for $475,000.
Damages
The plaintiff claimed general damages of $250,000; the plaintiff additionally claimed life care costs reduced to present value of $474,493 for total damages of $724,493.
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