This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Medical Malpractice
Cyst

Danine McCulloch v. Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group

Published: Feb. 3, 2007 | Result Date: Dec. 28, 2006 | Filing Date: Jan. 1, 1900 |

Arbitration –  Respondent.

Court

Judicate West, Santa Ana


Attorneys

Claimant

Lisa M. Patrick
(Lisa Mitts Patrick, Attorney at Law)


Respondent

Michael R. Packer


Experts

Claimant

Alexander Shadid
(medical)

Respondent

Patrick Lee
(medical)

Facts

Claimant was seen at the Kaiser Dermatology Clinic for an epidermoid cyst. Claimant stated that she specifically asked to have the cyst removed. Claimant alleged that she was seen by a Nurse Practitioner who refused to remove the cyst, but instead injected it with a steroid. Claimant stated she did not give informed consent and was not given an indication why this injection was being given. The site of injection became infected, leading to surgical removal, residual scarring and pain.

Contentions

CLAIMANT'S CONTENTIONS:
The injection was not indicated. Lack of informed consent, lack of a follow-up plan, and lack of indications for using an injection.

RESPONDENT'S CONTENTIONS:
Steroid injection is a viable option for treating an epidermal pidermoid cyst. The site became infected due to claimant's manipulation of the area.

Result

Binding arbitration ruling in favor of respondent.

Other Information

Arbitration occurred with the Hon. Robert J. Polis of Judicate West.

Length

three days


#88672

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390