Personal Injury Lawyer Blog
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 Kaiser Permanente, UC Davis Medical Center, Mercy, 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 case and its proceedings.)
Dr. Black’s Cover-Up
From just about the moment the colon was perforated, Dr. Black, and perhaps his staff, moved into cover-up mode. Dr. Black filed two separate reports for the endoscopy of Ms. Hill, one saying everything went smoothly, and then one admitting the problems that arose.
Although Ms. Hill exhibited no pain in the days leading up to the procedure, there were improbable claims that in the endoscopy recovery area, while Ms. Hill was writhing in pain and still heavily sedated, she supposedly entered into a conversation to say she had abdominal pain three days earlier.
Dr. Black called Ms Hill’s daughter, leaving a voice mail telling her to come right down and escort her mother to the hospital, and he also made sure to leave on the voice message that her perforation occurred three to four days earlier. That level of specificity seems far too convenient, and, therefore, appears well-planned.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
When Dr. Black met Ms. Hill’s family at her bedside in the hospital, he repeatedly told them her colon had perforated three to four days earlier. He also announced that she had cancer, in total disregard of the fact that Ms. Hill was laying in the bed right in front of them and could hear what he was saying. The statement compounded the pain with undue stress about having cancer again. It was also a false statement; she did not have cancer.
Witnesses will talk about Dr. Black exhibiting extraordinary nervousness at the hospital, physically shaking and bouncing with his body.
It appears that of his two endoscopy reports, his original inaccurate report was the one forwarded to the hospital, thus denying Ms. Hill’s surgeon the benefit of accurate data regarding the event that brought her to the operating room. The filing of a false medical report is unquestionably below the standard of care, and may very well create exposure to criminal charges.
Damages
Plaintiff claims general damages of $1,000,000 and special damages of $500,000, both of which were presented in plaintiff’s section 998 offer.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.