The following summaries are Physicians Insurance cases that have gone to trial and are public record.In reporting these legal results, it is our goal to inform members about issues that impact health-care professionals. While we share information we think may be informative, we choose not to disclose the names of plaintiffs or defendants when reporting these results.
Failure to Diagnose
SPECIALTY: Internal Medicine
ALLEGATION: The estate of a 47-year-old male alleged failure to diagnose rectal carcinoma following episodic care which had included a negative stool guaiac test and negative flexible sigmoidoscopy. The estate claimed lost wages and general damages.
PLAINTIFF ATTORNEY: Mark Leemon and Sidney Royer, Leemon and Royer, PLLC, Seattle, WA
PLAINTIFF EXPERTS: Stephen Payne, MD, Internal Medicine, Cincinnati, OH; Douglas Rex, MD, Gastroenterology, Indianapolis, IN; Ronald Goldberg, MD, Oncology, Puyallup, WA
DEFENSE ATTORNEYS: Lory Lybeck and Ben Justus, Lybeck & Justus, PLLC, Mercer Island, WA
DEFENSE EXPERTS: Chris Pepin, MD, Internal Medicine, Seattle, WA; Jason Dominitz, MD, Gastroenterology, MD, Seattle, WA; Liana Tsikitis, MD, Oncology, Portland, OR
RESULT: Defense Verdict. King County Superior Court, Judge Middaugh
Lack of Informed Consent
SPECIALTY: Advanced Registered Nurse Practitioner
ALLEGATION: A 41-year-old female alleged lack of informed consent regarding the prescription of oral contraceptives resulting in stroke. The patient was diagnosed with a patent foramen ovale following the stroke. The patient claimed past and future medical expenses, past and future lost income, and general damages.
PLAINTIFF ATTORNEY: David Williams, Law Office of David Williams, Bellevue, WA
PLAINTIFF EXPERTS: Robert Thompson, Family Practice, Renton, WA
DEFENSE ATTORNEY: Dan Mullin, Mullin Law Group, Seattle, WA
DEFENSE EXPERTS: Andrew Kaunitz, MD, OB/GYN, Jacksonsville, FL; Robin Kroll, MD, Gynecology, Seattle, WA; Neil Benowitz, MD, Pharmacology, San Francisco, CA; David Thaler, MD, Neurology, Jamaica Plain, MA
RESULT: Defense Verdict. Pierce County Superior Court, Judge Martin
Premature Newborn Discharge
ALLEGATION: The parents, individually and on behalf of their minor child, alleged that
due to a diagnosis of newborn jaundice on day five of life, the patient was prematurely discharged and that the health-care providers failed to educate the parents on the perils of newborn jaundice resulting in hearing loss, neurobehavioral challenges, severe communication impairment, abnormal movements, and cognitive delays. The parents claimed past and future medical expenses, educational and vocational support, future residential needs, future lost wages, and general damages.
PLAINTIFF ATTORNEY: Dan Huntington, Richter Wimberly, Spokane, WA, and Dan Hannula, Rush, Hannula, Harkins & Kyler, Tacoma, WA
PLAINTIFF EXPERTS: Gary Spector, MD, Pediatrics, Seattle, WA, Stephen Glass, MD, Child Neurology, Woodinville, WA, Greg MacDonald, MD, Pediatric Neurology, Spokane, WA, Nora Thompson, PhD, Neuropsychology, Edmonds, WA, Bonnie Baker, PhD, Psychology, Spokane, WA, Chloe Johnson, Vocational Counselor, Bothell, WA
DEFENSE ATTORNEY: Amy Forbis and Jennifer Crisera, Bennett, Bigelow & Leedom, Seattle, WA
DEFENSE EXPERTS: James Troutman, MD, Pediatrics, Bellingham, WA, Craig Jackson, MD, Neonatology, Seattle, WA, Jay Goldsmith, MD, Neonatology, New Orleans, LA, David Brieger, PhD, Pediatric Neuropsychology, Seattle, WA, Michael Painter, MD, Pediatric Neurology, Pittsburg,PA, Jay Rubenstein, MD, Otolaryngology,Seattle, WA, Sally Stuart, PhD, Clinical Social Worker, Bellevue, WA, Carole Kenner,PhD, Neonatal Nursing, Boston, MA
RESULT: Defense Verdict. Spokane County Superior Court, Judge O’Connor
ALLEGATION: The estate of a 75-year old female alleged inadequate cardiac clearance prior to a knee replacement surgery resulting in myocardial infarction, emergency three-vessel bypass, aortic valve
replacement, and subsequent death due to an embolic event. The estate claimed general damages.
PLAINTIFF ATTORNEY: Mary Schultz, Mary Shultz Law, Spokane, WA
PLAINTIFF EXPERTS: Jeffrey Caren, MD, Cardiology, Los Angeles, Leslie Stricke, MD, Pulmonology, Los Angeles, CA.
DEFENSE ATTORNEY: Jim King and Ed Bruya, Keefe, Bowman & Bruya, Spokane, WA
DEFENSE EXPERTS: Darryl Potyk, MD, Internal Medicine, Spokane, WA; Dan Doornick, MD, Internal Medicine, Yakima, WA; John Peterson, MD, Cardiology, Spokane, WA; Charles Davidson, MD,
Cardiology, Chicago, IL
RESULT: Defense Verdict. Spokane County Superior Court, Judge Please