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
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
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