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Personal Injury
Medical Malpractice
Failure to Diagnose

Steven E. Hall, Carole Hall v. David Birdsall, M.D., Daniel Libke, M.D., California Emergency Physicians Medical Group, Mt. Diablo Medical Center, Mt. Diablo Medical Center Emergency Medical Group, Medamerica Inc.

Published: May 30, 2009 | Result Date: Dec. 10, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CIVMSC05-01718 Verdict –  Defense

Court

Contra Costa Superior


Attorneys

Plaintiff

Edward J. Nevin Jr.


Defendant

Shelley L. Smith

G. Patrick Galloway


Experts

Plaintiff

John S. MacGregor
(medical)

Michael MacQuarrie
(medical)

Defendant

Elliott Nipomnick
(medical)

R. Hardwin Mead
(medical)

Facts

On May 18, 2004, plaintiff Steven Hall, a 58-year-old Kentucky resident staying in a hotel in Concord, California, went to the emergency room at defendant Mt. Diablo Medical Center with an acute case of nausea and vomiting. Hall was given an EKG which showed some negative results, but was discharged. Hall went back to his hotel room in and flew back home to Kentucky the next day. In Kentucky, Hall went to the hospital where it was found that he was suffering from a heart attack.

Contentions

PLAINTIFF'S CONTENTIONS:
Hall contended that the defendants should have caught his heart attack when the abnormal EKG was discovered. Hall argued that defendants' care fell below the standard.

DEFENDANTS' CONTENTIONS:
The defendants countered that the heart attack was suffered after Hall had been discharged from the hospital and returned home to Kentucky.

Settlement Discussions

Hall demanded $375,000. The defense offered a waiver of costs.

Damages

Hall sought damages in the amount of $933,072.

Injuries

Hall suffered injuries as a result of his heart attack.

Result

The court found in favor of the defendants.

Other Information

The defendants' insurer was MedAmerica Mutual Risk Retention Group Inc.

Deliberation

3.5 hours

Poll

12-0

Length

eight days


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