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| Disposition:
(Settlement/Arbitration/Trial) |
Trial |
Date: |
9/22/1989 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Massive Infection |
Result: |
$160,000 |
Case Name: |
Hollingsworth v. Jack Lipsitz, M.D. |
Facts: |
Plaintiff,
a 51-year-old car salesman, was born with
congenital hypospadias--a condition that required
multiple dilatations of his urethra during
his childhood and teenage years. As a result,
he developed a urethral stricture for which
he sought treatment from the defendant, Dr.
Jack Lipsitz.
He initially consulted Dr. Lipsitz in January 1984, at which time a dilatation was scheduled. On June 15, 1984, the defendant performed a urethral dilatation that resulted in a perforation to the urethra. The perforation caused leakage of urine into the plaintiff's scrotum and perineum. This condition went untreated until the defendant performed an incision and drainage on June 21, 1984.
By that time, the plaintiff had developed a massive infection and massive scrotal abscess that required two subsequent incisions and drainages in August of 1984 and October 1984. Ultimately, Dr. Joseph Schmidt performed a urethroplasty in November of 1984, but the infection did not disappear until April of 1985.
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| Injury/Injuries: |
Mr. Hollingsworth: massive infection requiring hospitalizations in August, October and November; the infection did not clear up until April 1985. Plaintiff also sustained economic losses from the collapse of two car dealerships.
Mrs. Hollingsworth: Loss of consortium.
Past medicals: approximately $7,000. Economic losses of approximately $300,000 (disputed).
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| Contentions: |
Plaintiffs contended that the defendant violated the standard of care in failing to appropriately treat the leakage of urine upon notification by the plaintiff following the surgery on June 15, 1984.
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| Special Notes: |
Plaintiffs
demanded $75,000 prior to trial. Defendant
offered $35,000 at a settlement conference.
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