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Medical Malpractice
Failure to Inform

John Doe v. Regents of University of California, et al.

Published: Jan. 27, 1996 | Result Date: Dec. 12, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC045639 –  $0

Judge

David B. Finkel

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Martha S. Doty
(Alston & Bird LLP)

Jonathan M. Gordon


Defendant

Joe W. Hilberman
(ADR Services, Inc. )


Experts

Plaintiff

Robert A. Allen
(medical)

Defendant

Max Fink
(medical)

Facts

In August, 1989, the plaintiff, a 44-year-old former music publisher and music producer was admitted to the defendant medical center, UCLA Neuropsychiatric Institute, for treatment of depression. During the hospitalization, the plaintiff received electroconvulsive therapy ("ECT"), which is known to cause memory loss and confusion. After discharge, the plaintiff alleged that he entrusted $274,000 to an individual. The money was lost by the individual due to conversion. The plaintiff brought this action based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 demand of $350,000. No settlement offers were made by the defendants.

Damages

$274,000 (loss of investment) and emotional distress.

Other Information

The verdict was reached approximately three years and eleven months after the case was filed. The plaintiff initially sued the individual who lost his money; however, the individual declared bankruptcy and later died with no assets in his bankrupt estate.

Deliberation

5 hours

Poll

9-3 (in favor of the plaintiff on breach of duty), 9-3 (in favor of defendant on causation)

Length

6 days


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