George Rocha v. Alejandro Sanchez, M.D., et al.
Published: Jun. 6, 1998 | Result Date: Apr. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC155170 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jack Rabin
(medical)
Hugh A. Raphael
(medical)
Defendant
David J. Weiner M.B.A., AM
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Robert P. Uller
(medical)
Michel F. Brones
(medical)
Facts
On Aug. 15, 1995, plaintiff George Rocha, a 51-year-old warehouseman/ forklift operator, suffered a crushing injury to his left foot while working as a forklift operator at his place of employment. The plaintiff was transported by ambulance to Santa Marta Hospital where defendant Dr. Alejandro Sanchez, a plastic and reconstructive surgeon, performed an open reduction/internal fixation and tendon repair procedure on the plaintiff's left foot. The plaintiff had a 12-year history of non-insulin dependent diabetes mellitus predating the subject accident. He also had a history of having undergone a coronary artery bypass grafting procedure two years before the crushing injury, and based upon this presenting history, defendant Sanchez requested and obtained a cardiology/internal medicine consultation on the plaintiff post-operatively. Thereafter, both defendant Sanchez and the co-defendant cardiologist followed the plaintiff on a daily basis, until the plaintiff was ultimately discharged, four days after the surgery, to home nursing care. At the time of discharge, the plaintiff was being provided intravenous (I.V.) antibiotics, in the form of both Ancef and Flagyl, which were to be continued by home nurses with further instructions that the plaintiff was to return to Sanchez' offices on the Monday following his Aug. 19 discharge, so that Sanchez could further monitor the status and condition of the plaintiff's foot. Unfortunately, two days after discharge, the plaintiff's care and treatment was transferred to another plastic and reconstructive surgeon, secondary to a directive from the worker's compensation insurance carrier handling the plaintiff's care and treatment. Sanchez' offices were notified of this transfer of care on Aug. 21. Sanchez never saw the plaintiff again. Two weeks later, on Aug. 29, the patient was admitted to Century City Hospital with a diagnosis of a gangrenous left foot, requiring surgery. Although the initial surgery on Aug. 31 involved a mid-foot amputation, the post-operative course of the plaintiff was complicated by further tissue necrosis and infection, ultimately culminating in the need for a below the knee amputation being performed on Sept. 13. Thereafter, the plaintiff underwent a regimen of physical therapy and rehabilitation treatments, culminating in his obtaining a rating of being permanent and stationary as of March 1996. The plaintiff brought this action against the defendants based on a negligence theory of recovery. The co-defendant cardiologist settled on the third day of trial.
Settlement Discussions
Per defendant, the plaintiff made a settlement demand for $274,000, increased to $1.8 million in closing argument. The defendant made no settlement offer.
Specials in Evidence
$170,000 + $120,000 $330,000 $128,800 +
Injuries
The plaintiff suffered below-the-knee amputation of his left leg requiring vocational rehabilitation.
Other Information
The verdict was reached approximately one year and eight months after the case was filed.
Deliberation
3¼ hours
Poll
11-1
Length
10 days
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