|
|
|
| Disposition:
(Settlement/Arbitration/Trial) |
Arbitration |
Date: |
1/22/1998 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Delayed diagnosis of lung cancer, wrongful death |
Result: |
$357,428 |
Case Name: |
Brown v. Kaiser Foundation Health Plan, Inc. |
Facts: |
Decedent, a 73-year-old male, smoked cigarettes for most of his adult life. He quit in the 1980s. Beginning in early 1985, Decedent received medical care from Kaiser, primarily Kaiser's La Mesa facility. On February 19, 1985, Decedent underwent a chest x-ray. It read as normal. The lung fields showed no evidence of active disease. On May 5, 1989, he returned with a four-day history of fever, congestion and coughing. His primary care doctor, aware of his history as a smoker, ordered a chest x-ray. Three films were interpreted by the Kaiser radiologist as having no significant abnormality. As a result of these films being interpreted as normal, there was no additional follow-up. No additional radiographic procedures were ordered. Decedent did not show any symptoms or signs of cancer for the next five years and his respiratory complaints had resolved.
After several years of good health, on August 19, 1994, Decedent was seen at Kaiser for complaints of blood-tinged postnasal drip for several weeks and a large-volume nosebleed five days before his visit. A chest x-ray was taken on August 24, 1994. It revealed a large (5-1/2 to 7-1/2 cm) mass in the upper left lobe. Decedent was referred to a Kaiser pulmonologist, who, in his consultation report of September 7, 1994, indicated that the mass in the upper left lobe was highly suspicious for primary lung carcinoma, most likely slow-growing squamous cell cancer. He noted a discussion with decedent and his family.
Decedent's daughter, a medical assistant in a pulmonologist's office, testified that she was present when her father had his consultation with his pulmonologist. She testified that the pulmonologist placed the 1989 chest x-ray on a view box next to the 1994 film. He pointed out the mass in the left upper lobe in the 1994 film and the same area in the 1989 film. He indicated that the film depicted where the mass had "started." The doctor adamantly denied that any such discussion ever took place. At the time of his deposition he interpreted the 1989 chest x-ray as "normal."
Decedent was referred to John Oval, M.D., a Kaiser oncologist. On September 30, 1994, his assessment was cell adenocarcinoma of the lung, metastatic spread to the adrenal glands and possibly to the bone. He told decedent and his family that the disease was incurable. Despite this, decedent chose to undergo both radiation and chemotherapy. Kaiser records reveal that the therapy instituted kept the growth of the primary lesion in check. Decedent died June 30, 1996.
|
| Injury/Injuries: |
Death, male, age 73, survived by wife and two adult children, emotional distress and loss of earnings.
|
| Contentions: |
The key liability issue in this case was the interpretation of the 1989 chest x-rays. The Kaiser radiologist and family practitioner failed to visualize and note any abnormalities on these films aside from nonspecific findings of hyperaeration. Claimants presented evidence that the films depicted not only a suspicious lesion in the left upper lobe, but pneumonia as well. Claimants asserted that had the diagnosis been properly made in May 1989, decedent's cancer could have been surgically removed (by lobectomy) and cured. This would have resulted in normal life expectancy.
|
| Special Notes: |
Claimants' motion for costs regarding CCP §998 was denied by the arbitration panel on the ground that the recent amendments to CCP §998 have no application to Kaiser arbitrations.
|
|  |
|
|
|
