Facts

Surgeon Gavi Oliva recommended that Jonathon Bronson undergo an excisional biopsy after becoming concerned that a mole might be a melanoma. On Sept. 26, 2002, Brunson underwent an excisional biopsy at Woodland Clinic Medical Group. A report concluded that the mole was a benign nevus. On Oct. 3, 2002, Oliva examined Brunson's spinal accessory nerve because he was concerned of a possible injury in that location. Oliva determined that the nerve was intact.

Later, Brunson discovered that he had a Schwannoma tumor and an injury to the spinal accessory nerve. Brunson sued Oliva and Woodland Clinic for medical malpractice.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that Oliva should have performed different procedures, which would have revealed the Schwannoma. Also, Oliva's failure to recognize the injury to the spinal accessory nerve during the post-operative visit constituted malpractice.

DEFENDANT'S CONTENTIONS:
The defense argued that Oliva correctly determined to perform an excisional biopsy and acted within the standard of care.

Settlement Discussions

The plaintiff demanded $80,000.

Damages

Brunson sought $4,000 for lost income, $1,000 for out of pocket medical expenses, and damages for pain and suffering.

Injuries

The plaintiff suffered a spinal accessory nerve injury.

Result

The jury found in favor of the defense.

Other Information

INSURER: NORCAL Mutual Insurance Co. insured the defendants.

Deliberation

one hour

Poll

12-0

Length

seven days