Deborah Gilbert v. Mark Song, M.D.
Published: Oct. 25, 1997 | Result Date: Sep. 9, 1997 | Filing Date: Jan. 1, 1900 |Case number: 761791 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
John P. Nahra
(Baker Keener & Nahra LLP)
Experts
Plaintiff
Robert H. Roth
(medical)
Donald Bittner
(medical)
Glenn Kane
(medical)
Defendant
John Lawrence
(medical)
Diane Birnbaumer
(medical)
Facts
On Jan. 26, 1995, plaintiff Deborah Gilbert, a 37-year-old secretary was driving her car to work and was involved in a head-on collision. The plaintiff claimed that her steering wheel was bent by the force of her hand and that she sustained lacerations to both knees. She was taken to the emergency room at St. Jude's Hospital in Fullerton and was seen by defendant Mark Song, M.D., and various nurses. Her knee lacerations were sutured and she was given ice to a bruise on the back of the hand and wrist. The plaintiff alleged that she complained of severe wrist pain and told both Dr. Song and a nurse about it. The nurse's note reflected a complaint of pain in the hand and wrist area at certain times in the emergency room visit. The defendant ordered hand x-rays which were negative and discharged the patient with a presumed diagnosis of a contusion on the hand and lacerations of the knees. The plaintiff eventually had worsening pain in the wrist and was seen by an orthopedic surgeon five months later who found a non-union of a fractured navicular bone in the wrist. An open reduction surgery was performed followed by casting. The fracture eventually healed. She had limitation of motion and pain thereafter. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $135,000. The defendant made an offer of $30,000.
Specials in Evidence
$___________ $___________ $___________ $___________
Injuries
The plaintiff suffered non-union of a fractured navicular bone in the wrist that led to arthritis in the joint.
Other Information
Plaintiff reports she intended to impeach Dr. Lawrence (defense expert) with his testimony and x-rays from another case but the court would not allow examination in this area.
Deliberation
2+ hours
Poll
11-1 abstaining
Length
two weeks, five days per plaintiff
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