Sophie Foresman v. Joel Erickson
Published: Jul. 27, 2004 | Result Date: Apr. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV226338 Verdict – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
John E. Hill
(Law Office of John E. Hill)
Defendant
David R. Lucchese
(Galloway, Lucchese, Everson & Picchi)
Experts
Plaintiff
Paul A. Fitzgerald
(medical)
Thomas A. Ports
(medical)
Defendant
R. Hardwin Mead
(medical)
Facts
James Foresman, 48, an insulin-dependent diabetic on renal dialysis, was admitted to Santa Rosa Memorial Hospital for a one-vessel angioplasty on Dec. 17, 1999. Cardiologist Joel S. Erickson performed the procedure, and then wrote an order for medication. The order did not include an order for glucose checks and insulin. In past admissions, Erickson had included those orders. At 1:30 p.m., after Erickson learned that Foresman's potassium level had reached 6.8, he failed to add an insulin order. At 3:05 p.m., Foresman went into cardiac arrest from hyperkalemia and died, after his potassium level reached 7.6. The county coroner ruled the cause of death to be "hyperkalemia secondary to the failure to administer insulin."
Damages
Sophie Foresman sought recovery for the wrongful death and loss of care, society, and comfort of her spouse, plus burial expenses.
Other Information
Foresman's two expert witnesses, Paul Fitzgerald and Thomas Ports, testified that Erickson's failure to write orders for insulin and his later failure to administer insulin were negligent caused Foresman's death. Erickson's expert, electrophysiologist Hardwin Mead, testified that Erickson was reasonable and within the standard of care to rely on the treating nephrologist, and that the cause of death was ventricular tachycardia.
Deliberation
six hours
Poll
9-3
Length
eight days
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