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Personal Injury (Non-Vehicular)
Psychiatric Malpractice
Negligent Care

Denise McConeghy v. Robert A. Chinisci, Ph.D.

Published: Aug. 8, 1998 | Result Date: Mar. 17, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 96CV6123 Verdict –  $590,000

Judge

H. Jeffrey Bayless

Court

Denver District


Attorneys

Plaintiff

Cathy A. Klein

Beth Klein


Defendant

Thomas E. Hanes


Experts

Plaintiff

Howard V. Selinger
(medical)

Janet Johnson
(technical)

David Fenstermaker
(medical)

Defendant

John Kluck
(medical)

Andre Nieuwenhuizen
(technical)

Facts

From April 1993 to February 1995, plaintiff Denise McConeghy, a registered nurse, treated with defendant Dr. Robert Chinisci, for difficulties with eating. The plaintiff alleged that Chinisci treated her improperly by using drug therapy; entrusting medication to her 9-year-old daughter; and using hypnosis and memory work that uncovered memories of child abuse, sexual abuse and cult and ritual practices. The plaintiff claimed that the defendant did not give her tools to cope with the memories with which she was being flooded. The plaintiff also alleged that she was never given any informed consent information for the experimental treatment. The plaintiff further alleged that defendant alienated her from her family and her natural support systems. The defendant denied allegations of malpractice and alleged that he had provided the plaintiff with appropriate coping skills. The plaintiff was in and out of a mental hospital for 15 months while being treated by the defendant. She alleged that the treatment harmed her, and that she developed multiple personality disorder and her condition continued to deteriorate while being treated by the defendant. The defendant contended that he accurately diagnosed the plaintiff's multiple personality disorder within six weeks of the time that she began treatment, and that the treatment for the plaintiff's multiple personality disorder was appropriate and reasonable. The defendant claimed that the plaintiff was contributorily negligent for her own injuries and damages. The defendant also claimed that the plaintiff's family members including her mother, father, brother, two cousins, an aunt and her husband, had physically, sexually and mentally abused the plaintiff for a number of years, and that the abuse was the primary precursor to the development of multiple personality disorder. The plaintiff brought this action against the defendant based on profesional malpractice and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $1 million. The defendant offered $51,500.

Specials in Evidence

$______________ $______________ $______________ $______________

Injuries

The plaintiff alleged loss of enjoyment of life, emotional distress, past medical expenses, future psychiatric or psychological treatment, past and future wage losses and loss of home services.

Other Information

The verdict was reached approximately one year and three months after the case was filed.

Poll

____-____

Length

two weeks


#91306

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