Dessie Lindsey, Michael Lindsey, Phillip Lindsey, Victoria Champion, Thomas Lindsey, Joanne Lindsey, Theresa Lindsey, Cheryl Lindsey v. James Grant
Published: Mar. 8, 2005 | Result Date: Oct. 29, 2004 | Filing Date: Jan. 1, 1900 |Case number: GC031435 Verdict – $0
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
S. Marshall Isaacs
(medical)
Peter Chinelli
(medical)
Defendant
Giovanna Casola
(medical)
Bayliss Yarnell
(medical)
Roy L. Herndon
(medical)
Facts
The decedent James Lindsey, 73, had been employed as a "hotwalker" at the Santa Anita race track. On March 10, 2002, he presented to the Emergency Room of Arcadia Methodist Hospital with complaints of abdominal pain and reported that he had tripped over a lawn mower and fell on his abdomen the day before. The patient was seen by Dr. James Grant, an emergency room physician. The patient had been injured by a horse but did not want to involve workers' compensation at the expense of the horse owner so he did not give an accurate history. The CT scan noted fluid in the abdomen. Dr. Grant admitted the patient to the hospital and testified that he telephoned the internist Dr. Chi and advised him of his findings and the need for surgical consult. Dr. Chi testified that Dr. Grant was lying regarding his testimony, that he personally spoke with Dr. Chi on March 10 at 3:30 a.m. and advised Dr. Chi that the patient had suffered blunt abdominal trauma and that the CT scan had revealed fluid in the abdomen. Dr. Chi denied that Dr. Grant had ever told him that a surgical consult should be obtained upon admission. The plaintiffs further contended that Dr. Grant did not document anywhere the fact that he recommended a surgical consultation. The plaintiffs introduced into evidence Dr. Grant's dictated history and physical (on March 10 at 5 a.m.) which makes no mention of the request for surgical consultation. The document only states that the patient was being admitted for observation. Dr. Chi bolstered his testimony in court by noting his physician's orders, telephoned to the nurses on March 10 at 6:30 a.m., made no mention of a request for surgical consultation. Dr. Chi testified he would have made that request had Dr. Grant told him of a surgical consultation was indicated based upon Dr. Grant's impression of blunt abdominal trauma. Dr. Chi did order a surgical consult later in the evening on March 10, and testified he would have had no reason not to order a surgical consult at 6:30 a.m. that day had Dr. Grant made that recommendation. Dr. Chi did not see the patient until 8 p.m. the following evening. On March 11, at 5 a.m., the patient was notified by the nurses to be unresponsive and was pronounced dead at 5:13 a.m. An autopsy determined that the patient had bled to death due to a lacerated spleen. The defense presented testimony regarding the subject CT scan that had been completed on March 10 at 3 a.m. Dr. Wong and Dr. Chi were both defendants in the action. The plaintiffs, the decedent's spouse, sons and daughters, brought this action against the defendants based on medical malpractice and wrongful death.
Settlement Discussions
The plaintiff demanded $100,000 from the defendant Dr. Grant; there were no offers. Dr. Chi settled the case before trial for $95,000. Dr. Wong was dismissed for a waiver of costs.
Specials in Evidence
$107,000 including funeral expenses.
Damages
The plaintiffs sought $250,000 for non-economic damages; $7,500 for funeral expenses and $100,000 in loss of economic support.
Deliberation
2.5 hours
Poll
12-0
Length
six days
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