Friedrich Weinstock v. St. John's Emergency Medicine Specialists Inc., Victor Candioty, Yoram Jerry Haviv
Published: Jul. 19, 2001 | Result Date: May 9, 2001 | Filing Date: Jan. 1, 1900 |Case number: SC057626 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Facts
On Feb. 5, 1998, the plaintiff, a 73-year-old retiree, was in an accident involving an automobile and bicycle. He
was brought into the emergency room of defendant, St. JohnÆs Hospital, for treatment of a left hand injury. He
had an extensive dorsal avulsion laceration that exposed the third extensor tendon and prevented the plaintiff
from fully extending his finger.
Dr. Candioty determined that due to the de-gloving type injury, a hand specialist was required. He examined
plaintiffÆs hand for nerve or vascular compromise and transferred the plaintiff to a hand specialist who
evaluated and sutured the wound. However, no X-rays were ordered to rule out an occult fracture.
The plaintiff was discharged from the emergency room and was followed by this specialist in his private office
for about one week. The plaintiff then developed an infection and was treated by defendant Dr. Haviv, who
debrided the wound and performed a skin graft.
The plaintiff then underwent occupational therapy, but his range of motion was not
improving. The plaintiff had subsequent X-rays that revealed a malunion of his left index finger.
Three surgeries were unsuccessful in repairing the problem.
Settlement Discussions
The plaintiff demanded $150,000 from Dr. Candioty and St. JohnÆs Emergency Medicine Specialists, Inc. and $75,000 from Dr. Haviv. The defendants made no offers.
Damages
The plaintiff claimed approximately $20,000 for repair and maintenance work on his home that he would have performed.
Injuries
The plaintiff suffered a fracture in his hand that caused deformities and stiffness in his fingers. This required three surgeries. His fingers remain functionally useless.
Deliberation
three hours
Poll
9-3 (no negligence)
Length
six days
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