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CONFIDENTIAL

Feb. 20, 1999

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $245,000

Judge

Peter D. Lichtman

Court

L.A. Superior Central


Attorneys

Plaintiff

Howard C. Kornberg


Defendant

Nelson L. Atkins


Facts

The patient's mother took the patient to the defendant hospital due to weakness, fever, dry mouth and frequent urination. The patient was grossly obese and required a wheelchair to get into the hospital. The defendant hospital failed and refused to render any triage or treatment over the course of approximately seven hours while the patient and his family waited in the emergency room. The patient was never examined and eventually, the patient's family decided to leave the defendant hospital and never signed the hospital's discharge sheet that he was leaving against medical advice. The following morning, the patient lapsed into unconsciousness and was transported via ambulance to another hospital where he died as a result of defendant's failure to diagnose the patient's diabetes. The plaintiff brought this action against the defendant based on medical negligence.

Settlement Discussions

The plaintiff made a settlement demand for $350,000. The defendant made an offer of $100,000.

Specials in Evidence

$15,000 $150,000

Injuries

Wrongful death of a 23-year-old son.

Other Information

The settlement was reached approximately two years after the case was filed. A settlement conference was held before the Hon. David Rothman, retired, resulting in the reported settlement.


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