Patricia Esquivel v. Malverse Martin, M.D.
Published: May 9, 1998 | Result Date: Mar. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: LC031008 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Charles March M.D.
(medical)
Defendant
Irwin Frankel
(medical)
Facts
On Nov. 30, 1993, plaintiff Patricia Esquivel, a 26-year-old woman, was admitted to Pacifica Hospital for the birth of her second child. Defendant Dr. Malverse Martin was covering call for the plaintiff's medical group and was the obstetrician called upon to perform the delivery. The delivery of the child was uneventful. However, the plaintiff and her fiancee asserted that Martin had difficulty in delivering the placenta. The plaintiff was discharged from the hospital the following day. Five days later, on Dec. 5, 1993, the patient noted the onset of heavy vaginal bleeding and began passing placental issue. She was taken by paramedics to an emergency room, where she was evaluated and immediately transferred back to defendant Martin's care, at Pacifica Hospital, for further evaluation and treatment. Defendant Martin did not physically-manually examine the plaintiff's uterus, to ascertain whether there was any further retained placental remnants. Defendant Martin opted to evaluate the uterus with the use of an ultrasound, which he requested be accomplished the following morning. Defendant Martin thereafter went off call, turning the patient back over to her regular obstetrician, never again having occasion to be involved in her medical care. The following day, on Dec. 6, 1993, the ultrasound was accomplished and found unremarkable. The patient was, accordingly, released from the hospital by her regular obstetrician. Four weeks later, on Jan. 4, 1994, the plaintiff began hemorrhaging, resulting in her regular obstetrician readmitting her to the hospital and taking her into surgery for manual exploration of the uterus and, ultimately, a dilation and curettage. The plaintiff subsequently developed a condition known as "Asherman syndrome," such that she was rendered unable to bear any further children. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $________. The defendant made a settlement offer of $_________ .
Specials in Evidence
$8,500
Injuries
The plaintiff was rendered sterile.
Other Information
The verdict was reached approximately two years after the case was filed. A mediation was held resulting in no settlement.
Deliberation
1½ hours
Poll
12-0
Length
six days
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