M. Elizabeth Ixchel, Mochael Anthony Gill, Francia Johnson v. William Scott
Published: Jul. 12, 2001 | Result Date: Mar. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: RCV048806 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jack Rabin
(medical)
Lawrence J. Baraff
(medical)
Anthony Fenison
(medical)
Defendant
Brendan J. Carroll
(medical)
Joel Geiderman
(medical)
Facts
In December 1996, the decedent, age 58, was involved in a high-speed motor vehicle accident on his way to work
that required him to be extracted from the back seat of his car. He was transported to Barstow Community
Hospital where he was seen by defendant, William J. Scott, M.D. for facial lacerations, a broken arm and L-1
vertebrae complaints. Dr. Scott sutured his facial lacerations and set the patientÆs arm. At that time, the patient
was hemodynamically and orthostatically stable. A CBC, Chem 7 and x-rays of the chest and broken bones
locations.
The patient was transferred to Desert Valley Community Hospital, which was closer to his home, at the
patientÆs request. He arrived at the hospital in stable condition and was transferred with his consent to Dr.
Anthony FenisonÆs care. All of Dr. ScottÆs records, as well as a written report, were faxed to Desert Valley
Community Hospital and the original records were sent with the patient in the ambulance. Dr. Fenison had no
memory of seeing any records when the patient arrived. The records contained the facts and circumstances of
the accident in addition to Dr. ScottÆs recommendation that the patient receive a general surgeon consultation.
As the patient was sufficiently stable upon arrival at Desert Valley Community Hospital, he was transferred
directly to a medical surgical floor and bypassed the emergency room. Dr. Fenison was on call but was
approximately an hour away at a LakersÆ game, which he left to treat the patient. From the time the patient
arrived at Desert Valley Community Hospital till three days later, no follow-up blood tests or x-rays were
taken. In addition, no surgical consultation was ordered.
On Dec. 7, 1996, Dr. Emory Hopp, an orthopedic specialist and partner of Dr. Fenison,
covered Dr. FenisonÆs patients and noted the lack of follow-up tests. He ordered a CBC, which
showed a 2.2 drop in hemoglobin over the baseline established at Barstow. That result was
ignored and the next morning, the patient died of massive bleeding from the descending portion
of his aortic arch.
Settlement Discussions
The plaintiffs made a $250,000 demand to Dr. Scott prior to trial. The defendant made a C.C.P. 998 offer for a dismissal in exchange for a waiver of costs and malicious prosecution. The other defendants settled for $112,000 prior to trial.
Damages
The plaintiffs claimed $400,000 in lost income and pension benefits to the patientÆs heirs in addition to $500,000 in general damages.
Injuries
The plaintiffs suffered the death of a husband and father of two adult children.
Other Information
The plaintiffsÆ expert testified that Drs. Fenison and Hopp were grossly negligent and admitted that they were a cause of the patientÆs death. The plaintiffÆs counsel analogized the emergency physician as the "horse that pulled the cart, and, therefore, a cause of death." Dr. ScottÆs counsel analogized the emergency room physician to "The cab driver who is sued after delivering people safely to the airport whose flight subsequently crashes."
Deliberation
5.5 hours
Poll
10-2
Length
10 days
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