Madeline Zimmerman v. Eric Schmitter, M.D.
Published: Nov. 13, 1999 | Result Date: Sep. 13, 1999 | Filing Date: Jan. 1, 1900 |Case number: SC054406 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Donald C. Fesler
(La Follette, Johnson, De Haas, Fesler & Ames)
Facts
On Nov. 22, 1997, plaintiff Madeline Zimmerman, age 96, fell while living at home with her son. Two days later, the son took his mother to the UCLA-Santa Monica Medical Center because he was concerned about her condition. The plaintiff complained about pain in the left hip. After being examined by an emergency room doctor, an orthopedic surgeon was called in as a consultant, defendant Dr. Eric Schmitter. The doctor concluded that plaintiff had suffered a fracture to the femoral neck on the right hip (plaintiff complained of pain in left hip). X-rays of both hips were taken both and only one of the x-rays were of optimal quality. The next day, the plaintiff was taken to surgery based on the doctor's diagnosis that plaintiff had sustained a fracture of the right hip. When the doctor opened the right hip capsule, he did not see any blood. He realized the plaintiff had not fractured the hip. While in surgery, additional x-rays were taken which verified that plaintiff had not fractured the right hip.
Settlement Discussions
The plaintiff demanded $29,999. The defendant offered nothing.
Deliberation
1+ hours
Poll
11-1
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