Case details

Doctor claimed patient did not require further workup

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
chest complaints, lung cancer
FACTS
In 2012, plaintiff Maria Rodriguez, a dental office manager in her 40s, was diagnosed with in situ pulmonary adenocarcinoma (AIS), previously called “bronchioloalveolar carcinoma” (BAC). The term encompasses certain variants of lung cancer formed in the distal bronchioles or alveoli that initially exhibit a specific non-invasive growth pattern. Rodriguez claimed that she had continuing chest complaints during her years of treatment with Dr. Samuel Bolivar, an internist, but that he failed to work her up for her complaints. Rodriguez sued Bolivar, as well as Loma Linda University Medical Center, Kristin Sanderson M.D., Wilbert Gonzalez M.D., Matthew Thomson M.D., Norbert Collins M.D., Hendrik De Jager M.D., and Alvaro Bolivar M.D. Rodriguez claimed that the delay in diagnosing her chest complaints caused her to develop incurable cancer and that this delay constituted medical malpractice. Several of the defendants were dismissed from the case, and the matter ultimately continued against Bolivar only. Rodriguez claimed that she treated with Bolivar from 1997 to 2009 and that during that time, she had continuing chest complaints. She alleged that Bolivar’s failure to diagnose the cause of her condition and timely treat it caused her to develop incurable cancer. Bolivar’s counsel contended that Rodriguez’s symptoms during the time of her treatment with Bolivar did not require a further pulmonary workup., Rodriguez was diagnosed with situ pulmonary adenocarcinoma (AIS), previously called “bronchioloalveolar carcinoma” (BAC), a form of lung cancer, in 2012. She claimed that if she was diagnosed earlier, she could have had a greater than 51 percent survival prognosis. However, her condition is now incurable. Rodriguez is currently undergoing palliative care.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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