| |
| Legal Case |
|
| Accession Number |
| 2001055928. |
| Authors |
| Kussman RS, Esq. |
| Title |
| Medical malpractice: housewife, 39: wrongful death: failure to diagnose pregnancy and eclampsia:
pulmonary edema: verdict $1,384,685. |
| Kussman RS, Esq. |
| Source |
| Shah v Corona Regional Medical Center ** 2000 (8 ref) |
| Legal Cases |
| Legal Cases Case No: 300079, Riverside Superior Court, California. |
| CINAHL Subject Headings |
Adult
*Eclampsia/Diagnosis
*Failure to Diagnose/Legislation and Jurisprudence--United States
Female
*Heart Arrest
*Intubation, Intratracheal/Adverse Effects
*Malpractice/Legislation and Jurisprudence--United
States
Pregnancy
*Pulmonary Edema/Therapy
Seizures/Etiology
United States
*Wrongful Death/Legislation and Jurisprudence--United States |
| Abstract |
| SYNOPSIS
OF FACTS: Decedent, housewife, 39, presented at defendant hospital with new-onset
seizures. She could not give her history and therefore did not reveal that
she was pregnant. She had elevated blood pressure and protein in her urine.
She developed pulmonary edema. During an intubation attempt she suffered cardiopulmonary
arrest. She was resuscitated but she suffered brain death and died 1 week
later. |
| Full Text |
| ATTORNEYS |
| |
| FOR PLAINTIFF/S: Russell S. Kussman, Esq., Kussman
& Whitehill, 10866 Wilshire Boulevard, Suite 1470, Los Angeles, CA 90024,
phone (310) 474-4411, fax (310) 474-6530 |
| |
| FOR DEFENDANT/S: For Drs Ranch and Bear: Dennis Sinclitico, Esq., La Follette, Johnson, De Haas, Fesler, Silberberg
& Ames, 865 South Figueroa Street, Suite 3100, Los Angeles, CA 90017, phone(213) 426-3600, fax (213) 426-1500; For Corona Regional Medical Center: Robert
Shephard, Esq., Rinos, Shephard & Martin, 825 North Parkcenter Drive, Suite 110, Santa Ana, CA 92705, phone (213) 426-3600, fax (714) 834-1500 |
| |
| DATE OF TRIAL: ? to February 1, 2000 |
| |
| JUDGE: Charles Field |
| |
| EXPERTS |
| |
| FOR PLAINTIFF/S: William O'Riordan, MD, emergency medicine, San Diego, CA; William Frumovitz, MD, ob/gyn, Santa Monica, CA; Raymond Schultz, PhD, economics, Pasadena, CA |
| |
| FOR DEFENDANT/S: Baha Sibai, MD, ob/gyn, Memphis, TN; Michael Smolens, MD,
emergency room, Los Angeles, CA; Daniel Abbott, MD, emergency room, Newport
Beach, CA; James Leo, MD, intensive care, Long Beach, CA; Ted Vavoulis, MD,
economist, Los Angeles, CA |
| |
| PLAINTIFF CONTENTIONS: Elevated blood pressure
and protein in her urine indicated eclampsia which should have been diagnosed.
Instead defendants diagnosed meningitis or encephalitis. They gave her too
much fluid causing pulmonary edema. They misplaced her x-ray at a critical
time. They paralyzed her in an attempt to intubate and ventilate but could
not intubate leading to a lack of oxygen and cardiopulmonary arrest.
|
| |
| DEFENDANT CONTENTIONS: Diagnosis of pregnancy and eclampsia is far from clear in a patient
who could not give her history and whose husband was not aware of her pregnancy.
Pulmonary edema was unavoidable and was treated properly. Failure to intubate
can occur in difficult circumstances without negligence. |
| |
| DAMAGES CLAIMED: Wrongful death of wife and mother |
| |
| SPECIAL DAMAGES: past medical expenses: none; future medical expenses: none; past loss of earnings: none; future loss
of earnings: none |
| |
| SETTLEMENT DISCUSSIONS: Plaintiff: $300,000; Defendant: $75,000 |
| |
| JURY POLL: 12-0 for plaintiff |
| |
| TRIAL TIME: 11 days; Jury Out: 2 days |
| |
| NOTES: None |
| |
| Copyright CO 2001, Cinahl Information Systems |
| Cited References |
| |
| Bhagwanjee S, Paruk F, Moodley J, and Muckart DJJ. Intensive care unit morbidity
and mortality from eclampsia: an evaluation of the Acute Physiology and Chronic
Health Evaluation II score and the Glasgow Coma Scale score. CRIT CARE MED
2000 Jan; 28(1): 120-4 |
| |
| Burnett D. Medical. Severe pre-eclampsia and eclampsia:
a broad overview with discussion of the nursing care required for the eclamptic
patient. ACCID EMERG NURS 1997 Oct; 5(4): 200-4 |
| |
| Jiva TM. Critical care of
pregnant women, part 1: pulmonary edema, ARDS, thromboembolism: how to manage
life-threatening cardiopulmonary complications of pregnancy. J CRIT ILLN 2000
Jun; 15(6): 316-24 |
| |
| Kesler R and Mendizabal J. Case & comment: a challenge
for your clinical skills. Two seizures and high BP. PATIENT CARE NURSE PRACT
1999 Jan; 2(1): 47-8 |
| |
| Mattera CJ. Heart failure and pulmonary edema: understanding
& correcting problems with the body's amazing pump. JEMS 2000 May; 25(5):
36-9, 41-2, 44-7 |
| |
| Munro PT. Management of eclampsia in the accident and emergency
department. J ACCID EMERG MED 2000 Jan; 17(1): 7-11 |
| |
| Parsons CL, Sole ML, and Byers JF. Noninvasive positive-pressure ventilation: averting intubation of
the heart failure patient. DCCN 2000 Nov-Dec; 19(6): 18-24 |
| |
| Werfel P. Case of the month. Fools rush through. JEMS 1999 Jun; 24(6): 28 |
| Document Type |
| Legal Cases. |
| Language |
| English |
| Entry Month |
| 20010622 |
| |
| |