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Pittock v. Kaiser Foundation Health Plan of Ohio5/14/1998
JUDGMENT AFFIRMED.
Appellants contend that the trial court abused its discretion in admitting testimony from two treating physicians and in excluding demonstration testimony offered by the plaintiff- appellant. Appellants also would have us find error in the jury's use of a dictionary during its deliberations. Because we find no abuse of discretion in the trial court's evidentiary rulings, and because we find that appellants waived the dictionary use as an appealable issue, we affirm the jury verdict for the defendants- appellees.
MEDICAL TREATMENT OF MR. PITTOCK
Appellant Gerald Pittock, then sixty-one years old, suffered a major stroke on May 23, 1993, in the dominant left hemisphere of his brain. Mr. Pittock had been involved in a minor traffic accident at about 6:00 a.m. on May 5, 1993, and hit his head against the window. Immediately after the accident, Mr. Pittock could not speak. His speech returned, but as the day went on, his speech remained hesitant and slurred, and when his wife, appellant Roberta Pittock, returned from work, she took him to the Kaiser Permanente emergency room in Parma at about 5:30 p.m. that evening.
At the emergency room on May 5, Mr. Pittock was seen by Dr. Harris O. Freedman. T. at 727. The Pittocks told the emergency room nurse and Dr. Freedman that they were there because Mr. Pittock's speech was slurred and he was having trouble finding the words to say. T. at 118, 731. They informed them of the earlier traffic accident. Dr. Freedman's physical examination indicated that Mr. Pittock had high blood pressure, but the physical exam was otherwise normal. T. at 748, 736. Dr. Freedman ordered a CAT scan, which indicated no bleeding. T. at 736-739.
Dr. Freedman diagnosed Mr. Pittock as having concussion syndrome, expressive aphasia, and possibly a transient ischemic attack ( TIA ). T. at 739, 743. After consultation with Dr. Darshan Mistry, the internist on call, Dr. Freedman prescribed aspirin, in light of the patient's risk factors for cardiovascular disease, and Vasotec, an anti-hypertension medication. T. at 745- 746. In light of Mr. Pittock's head injury , a follow-up examination was suggested with Dr. Mistry. T. at 748.
Dr. Mistry, an internist employed by Ohio Permanent Medical Group, Inc., examined Mr. Pittock in a follow-up visit on May 12, 1993. T. at 84. Dr. Mistry had been the internist on call on May 5. T. at 742. The examination showed that Mr. Pittock's blood pressure was down, but he continued to suffer from slurred speech. T. at 86. Mr. Pittock now mentioned that he had a shadow over his left eye. T. at 91.
Dr. Mistry ordered a carotid doppler ultrasound to see if the arteries were blocked in Mr. Pittock's neck, which was done the following day, May 13. T. at 89-90. According to the radiologist, Mr. Pittock had almost complete occlusion of the left artery. T. at 95, 94, 671-672. Dr. Mistry ordered a second CAT scan as well, which apparently never was completed. T. at 87-88, 697. The doctor continued the aspirin and Vasotec medication plan. T. at 93.
Mr. Pittock had another follow-up appointment with Dr. Mistry on May 17. At that time, in light of the ultrasound's indication of an almost complete occlusion of the left artery, Dr. Mistry recommended that Mr. Pittock see a vascular surgeon as soon as possible. T. at 94, 96.
Next, on referral from Dr. Mistry, Mr. Pittock had an appointment with Dr. Aspi Bryamjee, a vascular surgeon employed by Ohio Permanent Medical Group, Inc., on May 19, 1993. T. at 102. Dr. Bryamjee ordered an arteriogram, which was performed on May 21. T. at 103.
At issue in the subsequent trial were both the c
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