Facts

Plaintiff Linda Rose-Snyder, a 51-year-old married female, began to experience lower right quadrant abdominal pain on Friday, July 11, 2003. At about 2 a.m. on Saturday, July 12, 2003, she woke up in excruciating pain. She presented to the emergency department of Henry Mayo Newhall Memorial Hospital at about 4 a.m., whereupon she was diagnosed to have appendicitis. The emergency physician consulted with defendant Charles Chidsey, M.D., a general surgeon employed by Facey Medical Group, and defendant Chidsey accepted the plaintiff's care at about 7:35 a.m. The plaintiff was admitted to the hospital at 11 a.m., and she underwent an appendectomy at about 5 p.m. During the surgery, defendant Chidsey found the appendix had ruptured.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant Chidsey fell below the standard of care by not performing urgent or emergency appendectomy earlier, the defendant did not examine the patient until minutes before the surgery, and an earlier surgery would have prevented the rupture of the appendix, resulting in peritonitis, a longer hospitalization, postoperative complication of chest pain from peritonitis-related diaphragm irritation, and postoperative complication of an infected abscess in the surgical site. Defendant Facey Medical Group was alleged to have vicarious liability for defendant Chidsey.

DEFENDANT'S CONTENTIONS:
The defendant contended that he acted within the standard of care in performing the surgery in a timely manner, and the appendix had ruptured prior to the plaintiff presenting to the emergency department.

Settlement Discussions

Last demand: $50,000. Last offer: None.

Damages

Past loss earnings: $7,000.

Injuries

Pain, suffering, anxiety, and fear of future problems from the peritonitis.

Deliberation

20 minutes

Poll

12-0 (no negligence)

Length

eight days