Diaz, et al. v. Clinica Internacional, Medical Group, et al.
Published: May 14, 1994 | Result Date: Feb. 9, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC052304 – $269,140
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eugene Carpenter
(medical)
Henry W. Dodge Jr.
(medical)
Hugh A. Raphael
(medical)
Defendant
Elliot D. Felman
(medical)
Carlos F. Montoya
(medical)
Facts
Plaintiffs were the wife of Luis Diaz and their 3 daughters (ages 5, 10, and 13 years). The family resided in Sonora, Mexico. The husband (now deceased) Luis Diaz, came to CA and worked as a sewer and ironer in a garment factory. On February 27, 1991, Luis Diaz, age 34 years, was involved in an automobile accident, sustaining head and neck injuries. He was first seen by Defendant Doctor Montoya on March 5, 1991. Neither X rays of the head nor MRI were done. Luis Diaz was referred by Defendant Montoya to an ENT specialist and a neurologist. The patient did not keep either of these appointments because he was unable to pay for the visits. Defendant Dr. Montoya treated the patient for soft tissue injury with physical therapy, 3 times per week until March 27, 1991. On March 28, 1991, the patient passed out, was taken to Queen of Angels Hospital. A CAT scan was done, and a diagnosis of intraventricular hemorrhage was made. After 15 days in the hospital, Luis Diaz died.
Settlement Discussions
Plaintiffs contend they demanded $175,000 and Defendants doctor and medical group made no offers.
Specials in Evidence
$69,140
Injuries
Death of spouse, father.
Deliberation
2 days
Poll
9-3
Length
6 days
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