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 San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
(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.)
INJURIES: Walters claimed that due to the aneurysm rupture, she underwent several surgical procedures and later developed right-sided weakness secondary to a frontal lobe stroke. She also claimed she suffered two heart attacks, and had continual headaches, cognitive difficulties, trouble sleeping, depression and anxiety.
Facts:
On Jan. 5, 2007, plaintiff Jan Walters, 47, unemployed, presented to Sacramento Hospital. Walters allegedly complained of a painful left-sided headache. A nurse conducted a medical screening and consulted with an on-duty physician, who prescribed pain medication and told Walters to go to the Sacramento emergency room. Walters did not go to the ER. On Feb 24, she suffered a cerebral aneurysm rupture, lost consciousness while driving and allegedly collided with a tree. She was then taken to ABC Medical Center where she underwent successful procedures to address the injury.
Walters sued Sacramento Hospital, alleging medical malpractice. She claimed that they had violated the standard of care and that the county had violated provisions of Federally Qualified Health Centers and the Medical Treatment and Active Labor Act, well as internal policies. She claimed that she had presented with a right-sided (not left) headache that required further evaluation. She claimed that had she been given a more thorough evaluation, she might have been transported by ambulance, where diagnostic tests might have revealed the aneurysm.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The defense claimed that Walters’s headache had been properly evaluated, and that the practioners had erred on the side on caution by recommending Walters visit the ER. Further, they claimed no further evaluation could have revealed the aneurysm and that the rupture 50 days later was an unexpected coincidence.
She sought recovery of damages for $732,000 in past medical expenses, future medical expenses and lost income for failure to receive ongoing public assistance payments. She asked the jury for more than $2.5 million in total.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.