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
Foreign Object

Daniel Ames v. Redlands Community Hospital

Published: Dec. 10, 2005 | Result Date: May 31, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SCVSS112158 Bench Decision –  $0

Judge

Christopher J. Warner

Court

San Bernardino Superior


Attorneys

Plaintiff

Scot D. Stirling


Defendant

Tom M. Allen


Facts

Daniel Ames went to Redlands Community Hospital for treatment after his arm was cut when a high-speed cutting blade fractured. James Wilson, M.D. treated Ames in the emergency department. Wilson probed, cleaned, and sutured the wound. He took no x-rays, but told Wilson that a foreign object might remain in his arm. Ames returned to the Redlands ER five months later, complaining that a foreign object in his arm had worked its way to the surface of his skin. Ames had the object removed by an orthopedic surgeon, 18 months later. Ames sued Redlands Community Hospital and Wilson claiming medical malpractice resulting in an unnecessary operation.

Settlement Discussions

Ames' counsel indicated that he would accept an amount below the limit of $30,000.

Injuries

Ames claimed that an otherwise unnecessary surgery was needed to remove the foreign object left in his arm.

Result

The trial court granted the defense motion in limine to exclude Ames' emergency physician expert on the ground that Ames unreasonably refused to make the expert available for a timely deposition.


#89173

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

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