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Personal Injury
Medical Malpractice
Wrongful Death

Chris Davies v. Joseph F. Elson, et al.

Published: Sep. 19, 2009 | Result Date: Jan. 13, 2009 | Filing Date: Jan. 1, 1900 |

Case number: CGC07464141 Arbitration –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Thomas G. Quick


Defendant

Jessica P. Lamiero

Richard D. Conti


Facts

Albert Davies, age 65, suffered from cancer, dyspnea, anemia, cachexia, myeloma, fatigue and immobility. Beginning on Nov. 1, 2005, he received treatment from several doctors and Kaiser medical group entities. On Sept. 16, 2006, Davies died. His brother, Chris Davies, sued the doctors and Kaiser groups for medical malpractice, elder abuse, and wrongful death.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the defendants improperly sent the decedent to a boarding facility, rather than a skilled nursing facility. He alleged that the defendants misinformed the decedent on his ability to receive care at a skilled nursing facility, which deprived him of necessary services. Further, the plaintiff alleged that Kaiser's "Thrive" campaign amounted to fraud because the decedent received substandard care.

Damages

Plaintiff sought compensatory and punitive damages.

Injuries

The plaintiff claimed death.

Result

The arbitrator found in favor of the defense.

Other Information

FILING DATE: June 11, 2007.


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