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, 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.)
CLAIMED INJURIES
According to Defendant: Plaintiff claimed she had part of her tongue removed, changes in taste, feeling, and range of motion of her tongue. She also claimed that, as a result of developing cancer, rather than having a pre-malignant lesion removed earlier, she was at risk for developing more pre-cancerous lesions.
CLAIMED DAMAGES
According to Defendant: Plaintiff asked for special damages consisting of $89,000 in past medical/dental bills paid by insurance, $2,300 in insurance co-payments, and $1,500 in mileage. She asked for $100,000 to $200,000 in past general damages and $100,000 in future general damages.
SETTLEMENT DISCUSSIONS
According to Defendant: At a pre-trial mediation, plaintiff demanded $200,000. She served a CCP § 998 offer for $75,000. Defendant served a CCP § 998 offer for $9,999. Dr. Meier settled pre-trial for $25,000.
EXPERT TESTIMONY
According to Defendant: Plaintiff’s expert testified that defendant breached the standard of care that required biopsying a white lesion that does not wipe off or resolve after two to four weeks. As a result, the lesion in June 2008 advanced from a pre-malignant lesion to cancer. He stated further that because she developed cancer, she is now prone to developing more pre-malignant lesions in her head and neck area. Defense expert testified that the standard of care was met.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Not all white lesions, even those that do not wipe off, must be biopsied unless the lesion changes in size or color. The dentist must use clinical judgment in determining when a lesion needs further evaluation. Defense expert testified that a dentist must use clinical judgment when evaluating white lesions in the mouth. He testified that the lesion in this case developed in the fall of 2008, which was consistent with the history provided by plaintiff to her subsequent treating doctors. He also testified that earlier biopsy or removal of a pre-cancerous lesion would not alter the course of the disease or prevent oral cancer.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.