Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
XIII. PRIOR DEMANDS FOR SETTLEMENT
A. DR. X., M.D.:
Dr. X. has a policy limit of $1,000,000. On July 28, 2003, plaintiff served on Dr. X. an offer under CCP section 998, in the sum of $1,000,000.00. There has been no response.
B. ABC HOSPITAL:
ABC Hospital is insured by XYZ Insurance, Ltd., with a policy limit of $107,000,000, for each annual occurrence. On May 28, 2004, plaintiff served ABC Hospital with an offer under CCP section 998 in the sum of $1,250,000. There has been no response.
C. DR. Z., M.D.:
Dr. Z. is insured by Socal Mutual Insurance Company with a policy limit of $2,000,000 per incident. On March 1, 2004, plaintiff served Dr. Z. with an offer under CCP section 998 in the sum of $195,000. It was rejected.
D. DR. Y., M.D.:
On July , 2004, plaintiff served Dr. Y. with an offer under CCP section 998. There has been no response.
IVX. OTHER JURY VERDICTS
The following jury verdict may be of some assistance:
Fox v. Ramano Roe, M.D and Simi Valley (1998)
On March 10, 1996, Michael Fox was in a motor vehicle collision. He suffered an unstable T12-L1 fracture.
He was admitted to the hospital with no neurological deficits noted. Over the next several days, it was noted that he was loosing feeling in his toes and legs but nothing was done and no neurological consult was obtained. On March 13, 1996 (three days after admission), he was found to be paraplegic.
There was a dispute between the treating doctors and the hospital nurses as to whose fault it was that nothing was done for Mr. Fox in spite of the fact that it was noted that he was loosing feeling in his lower extremities.
Economic Damages:
Future Medical Costs $ 2,600,000.00
Loss of Earnings $ 200,000.00 – 600,000.00
Verdict: $2,600,000.00, to Mr. Fox. A copy is referenced herein. (See Part 22 of 23.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.