Personal Injury Lawyer Blog
The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
SYNOPSIS: Plaintiff Herman was 65 years old at time of incident, Caucasian, retired high school principal. His wife Jill, was also 65 years of age. Herman was a long-time patient of Kaiser Permanente Hospital, who had undergone carotid endarterectomy in 1988 on the right internal carotid artery. At the time of the procedure, a dye study had shown he had a severe narrowing estimated between 95% and 99% on the left internal carotid artery. However, Kaiser elected not to repair the stenosis on the left internal carotid artery and decided, instead, to await symptoms developing. Thereupon, Plaintiff was seen monthly from June, 1988 through May, 1989.
Kaiser claimed none of the symptoms Mr. Marriot was suffering; namely, dizziness, lightheadedness and staggering were specifically related to the left internal carotid stenotic lesion. On May 8, 1989, Plaintiff presented to the clinic to his cardiologist, Dr. Andy Berry, complaining of staggering episodes over the last 10 days. Dr. Berry felt he should be seen in a neurological follow-up. Plaintiff also indicated he was planning to go fishing in the mountains and was given permission by his physician to go. Subsequently, on May 29, 1989, Mr. Marriot suffered loss of speech which is felt to be related to the left internal carotid artery.
Plaintiff was seen at a clinic in Sacramento, CA, but the clinic refused to hospitalize him. He was then transported by his wife to Kaiser Permanente at which time he was diagnosed as having suffered a stroke, most probably related to a complete occlusion of the left internal carotid artery.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff claimed standard of care required endarterectomy at the very latest by May, 1989, recognizing the controversy surrounding the issue of when to repair asymptomatic severe internal carotid lesions. Plaintiff further alleged no neurological follow-up was given despite the treating cardiologist’s wishes that a neurological evaluation be done.
Defendants contended Mr. Marriot was never symptomatic until he presented to the Sacramento Clinic on May 29, 1989, and it was entirely the fault of the Sacramento Clinic in failing to hospitalize Mr. Marriot and place him on heparin, a blood thinning agent which more probably than not would have prevented the stroke at that time.
INJURIES/DAMAGES: Plaintiff suffered a stroke related to the left internal carotid artery with a residual of a severe expressive dysphasia and mild receptive dysphasia. Initially, he suffered right sided paralysis, from which he recovered with remaining right sided weakness as well as mild spasticity in the right upper and lower extremities. Plaintiff is a retired high school principal with a master’s degree in education, and suffered severe depression as a result of his stroke.
SUMMARY:
Award: $235,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.