Facts

The decedent, Jim Newkirk, 55, had a medical history which included diabetes, hypertension, and chronic obstructive pulmonary disease. Newkirk presented to the San Joaquin Community Hospital emergency room on Oct. 29, 2003 with complaints of lethargy and hypotension. Newkirk had taken Oxycontin, Xanax, and possibly Soma. However the amount taken was not in the chart.
Dr. Todd Lewis, D.O., treated Newkirk and Newkirk's condition improved. He was discharged from the hospital and instructed to follow up with his primary care physician the following day. The medical records indicated that Newkirk refused an offer to be transferred to a skilled nursing facility.
Twenty hours after being discharged, the patient was found by his wife to be unresponsive and was transported to a local emergency room. He was unable to be revived and he passed away. An autopsy revealed that the cause of death was pulmonary failure secondary to bronchopneumonia with total lung involvement due to pulmonary coccidioidomycosis. Newkirk's wife, Jennifer, filed a lawsuit against Dr. Lewis alleging that the standard of care in treating her husband was breached.

PLAINTIFF CONTENTIONS:
The plaintiff contended that she and the decedent were never informed of the seriousness of the decedent's condition. The plaintiff testified that the decedent was told he had overdosed on prescription medications and needed to "sleep it off." The plaintiff also contended that the decedent was never offered hospitalization, but was only offered the transfer to the nursing home. The decedent's medical chart was silent as to the offer of hospitalization. The plaintiff contended that the defendant testified that the decedent left the hospital against medical advice. However, the medical records did not reflect that the decedent left the hospital against medical advice. The plaintiff further contended that the decedent would have survived had he been hospitalized and could have expected an additional seven year life expectancy.

DEFENDANT CONTENTIONS:
The defendant contended that the decedent was informed of the seriousness of his condition, but refused hospitalization. The transfer to the skilled nursing facility was only offered as an alternative. The defendant also contended that the decedent's death was not the result of his care and that the decedent would have died whether or not he was hospitalized due to the degree of his pulmonary coccidioidomycosis. The defendant argued that the degree of the decedent's coccidioidomycosis was attributable to prior under treatment by a different doctor.

Settlement Discussions

The plaintiff demanded $199,000. The defendant did not make an offer.

Result

The jury returned a defense verdict.

Deliberation

one hour

Poll

10-2

Length

five days