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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
5/20/1991 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Wrongful Death |
Result: |
$500,000 |
Case Name: |
Hartley v. Scripps Clinic and Research Foundation |
Facts: |
On
March 28, 1989, 63-year-old Gordon Hartley
went to defendant Scripps Clinic and
Research Foundation to undergo a
medical evaluation. He underwent a chest x-ray
which revealed an infiltrate in the right
infrahilar area of the right lower lobe of
his lung. Scripps suggested a clinical corollary
but Mr. Hartley was discharged without a follow-up
examination being scheduled. Mr. Hartley was
diagnosed with cancer in December of 1989,
and died on August 27, 1990.
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| Injury/Injuries: |
Wrongful death. Funeral expenses of $5,000; lost wages of $200,000-$700,000 (disputed).
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| Contentions: |
Plaintiff
contended that Scripps Clinic
failed to follow up on Mr. Hartley's initial
diagnosis, which resulted in the decedent
failing to procure proper medical care, thereby
precluding him from obtaining a timely diagnosis
and treatment required for the arrest of his
cancer.
The defendant admitted liability for failing to follow up on the results of the x-ray. However, defendant contended that the outcome would have been the same had he been diagnosed on his initial visit.
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| Special Notes: |
The case
settled for $500,000 after the depositions
of plaintiff's experts, Dr. Sarnoff and
Dr. McMahon.
<
back to Medical Malpractice Case
Histories from The Law Offices
of Robert Vaage and www.vaagelaw.com
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