Case details

Doctor: Stroke not caused by any alleged delay in diagnosis

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, depression, impairment, mental, psychological, stroke
FACTS
On Jan. 31, 2011, plaintiff Chun Shin presented to Chaewon Song, M.D., his primary care physician, complaining of a severe, debilitating headache, but an MRI of the brain failed to reveal any basis for that complaint. The headache complaint persisted on subsequent office visits on Feb. 8, 2011, and Feb. 28, 2011. On March 2, 2011, Shin again presented to Song’s office after being unable to locate his car in a CVS parking lot and wandering off before being found by his wife. As a result, Shin’s wife accompanied her husband to the office visit, where Shin complained of an acute change in mental status and continuing severe headaches. Song’s impression was that Shin was experiencing a possible progression in his previously diagnosed dementia. Later that same evening, while at home, Shin became increasingly somnolent and started leaning to one side. The following morning, at about 6:00 a.m., Shin became incontinent and then possibly bumped his head in the bathroom at about 10:00 a.m. He also began leaning to one side and having difficulty walking. As a result, late that afternoon, his family took him to the emergency room at Saddleback Memorial Hospital in Laguna Hills, where a CT scan of the brain revealed a rapidly expanding subdural hematoma with both chronic and acute blood, producing a profound midline shift in the brain with a threatened herniation and stroke. He subsequently underwent surgery and though he had a remarkable recovery, he claimed his cognitive deficits following the surgery were profound. Shin sued Song and a radiologist, Martin W. Wieler, M.D. Shin alleged that the defendants failed to timely diagnose and treat his subdural hematoma, and that this failure constituted medical malpractice. Wieler ultimately settled prior to trial. Thus, the matter continued against Song only. Shin’s counsel contended that Shin suffered a stroke as a result of a delay in diagnosing and treating his subdural hematoma. Thus, counsel argued that Song should have identified an acute change in Shin’s mental status on March 2, 2011, and possibly even on Feb. 28, 2011, and referred Shin to an emergency room or for a repeat MRI of the brain. Shin’s counsel contended that if Song had undertaken either of those two steps, Shin’s subdural hematoma would have been identified and addressed prior to the final acute, catastrophic bleed, thereby avoiding the stroke and ultimate residual deficits. Song claimed that the evaluations of Shin on both Feb. 28, 2011, and March 2, 2011, were well within the standard of care. He claimed that while it does appear clear, in retrospect, that Shin had a subdural hematoma, the condition did not become clinically significant until Shin suffered an acute arterial bleed into the subdural space after his last office visit. Furthermore, Song claimed that Shin suffered the stroke as a consequence of the surgery to address the subdural hematoma and was not a consequence of any alleged delay proceeding to that surgery., On March 3, 2011, Shin’s family took him to the emergency room at Saddleback Memorial Hospital in Laguna Hills, where a CT scan of the brain revealed a rapidly expanding subdural hematoma with both chronic and acute blood, producing a profound midline shift in the brain with a threatened herniation and stroke. That evening, he was transferred to Mission Hospital in Laguna Beach for emergency neurosurgery by his to stop an arterial bleed on the brain and to evacuate the subdural hematoma. In the days following the surgery, Shin remained in a coma, but further imaging studies revealed that he had suffered a significant right parietal stroke. Nevertheless, Shin experienced a remarkable recovery from his and physically was left with only subtle left-sided weakness. Despite making a remarkable recovery, Shin claimed that he suffered profound cognitive deficits following the surgery, affecting his personality and his emotional state, and that this condition persisted through the time of trial. He also claimed that his left-sided weakness is permanent, as are his cognitive deficits and changes to his personality and emotional state. Shin alleged that as a result, he would require 24-hour-a-day attendant care for the remainder of his 10-year life expectancy, as well as a night sitter and various other significant medical expenses. Thus, Shin sought recovery of approximately $124,000 in past medical costs, which was mostly covered by Medicare, and approximately $1.8 million in future medical costs. In addition, both Shun Shin and his wife, Yeun Shin, contended that these events caused them to suffer a loss of enjoyment of life and depression. As a result, Mr. Shin sought recovery of an unspecified amount of damages for his past and future pain and suffering, and Ms. Shin sought recovery of damages for her loss of consortium. Defense counsel argued that that any alleged cognitive deficits suffered by Mr. Shin was caused by the stroke, which was a consequence of the surgery to address the subdural hematoma and was not a consequence of any alleged delay. Thus, counsel contended that Mr. Shin’s alleged condition was not caused by any delay in treatment.
COURT
Superior Court of Orange County, Santa Ana, CA

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