Case details

Family did not contact him with concerns about decedent: doc

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, death, diarrhea, digestive, gastrointestinal, loss of society
FACTS
On May 10, 2010, plaintiffs’ decedent Virginia Anderson called Dr. Rajiv Malik, an oncologist with Inland Hematology Oncology Medical Group, with complaints of constipation and heart burn after completing a course of chemotherapy to prevent the recurrence of a high-grade sarcoma. Anderson was initially diagnosed with a slow growing malignant spindle cell neoplasm, a high-grade soft-tissue sarcoma, on March 20, 2010. As a result, she was referred to Malik for potential chemotherapy. Anderson then underwent a second pathology, performed by Dr. Juan Rosai of San Antonio Community Hospital, which was reviewed by Malik, and was this time diagnosed with a high-grade pleomorphic sarcoma, a fast growing aggressive tumor. As a result, Anderson had the tumor surgically excised. After the excision, on April 22, 2010, Anderson returned to Malik, who recommended a combination of mesna, doxorubicin, ifosfamide and dacarbazine chemotherapy to prevent a recurrence or possible microscopic spread. Malik claimed that survivability without chemotherapy was 50 percent and that with the MAID protocol treatment, Anderson’s survivability was 55 to 60 percent. Thus, Anderson opted to have the chemotherapy, and it was administered from May 4 to May 7. However, three days after the last treatment, Anderson called Malik with complaints of constipation and heart burn. Malik subsequently ordered Anderson to take a laxative called Senokot and milk of magnesia. On May 11, 2010, Anderson called Malik again, this time complaining of spots in her mouth, peeling gums and continuing constipation. Malik advised her to use Ex-Lax or a fleet enema for her constipation, as well as use baking soda to resolve the sores on her mouth and gums. In addition, Malik ordered an echocardiogram for Anderson and told her to call him for an appointment if she began having diarrhea. On May 14, 2010, Anderson went to Mountains Community Hospital for her echocardiogram. However, the following day, she was found dead in her apartment by her boyfriend. Anderson’s sister then contacted Malik and advised him that Anderson had died. The cause of death was determined to be diarrhea with electrolyte imbalance, caused by chemotherapy due to cancer. The decedent’s children, William Lewis, Edward Lewis, Cynthia Muench and Cheri Altmeyer, sued Malik and Inland Hematology Oncology Medical Group. The children alleged that Malik failed to properly monitor Anderson’s condition and was negligent in her treatment. They also alleged that Inland Hematology was negligent in the information it provided about Anderson’s condition, and that both defendants’ actions constituted medical malpractice. Muench did not appear at trial, but the matter proceeded with the other plaintiffs’ claims against Malik and Inland Hematology. Anderson’s family claimed that Malik was contacted twice, on May 12 and May 14, about the decedent’s diarrhea. Altmeyer also testified that she made three phone calls to Inland Hematology on May 14 about the decedent’s diarrhea and that based upon the information she received, the family did not feel it was necessary to take the decedent to the emergency room. However, they claimed the decedent died in her sleep sometime in the early morning hours of May 15, 2010. Thus, plaintiffs’ counsel contended that Malik was negligent in his failure to properly monitor the decedent’s electrolytes and that Inland Hematology was negligent for providing misinformation to Altmeyer over the phone. The defendants claimed that neither the decedent nor her family contacted Inland Hematology on May 12 or May 14. They alleged that office protocol demanded that any calls to the office be documented and given to the doctors so that they could return the calls, but that no such message was left on May 12. Furthermore, they claimed that Inland Hematology did not have a message recording machine at the office. Thus, Malik claimed that his actions were appropriate under the standard of care and that he had no further contact with Anderson or her family after May 11 until the decedent’s sister called to advise him that Anderson had died on May 15., Anderson was found dead in her apartment by her boyfriend on May 15, 2010. She was survived by two sons and two daughters. The plaintiffs and defendants agreed that the decedent’s death was caused by an electrolyte imbalance resulting from diarrhea brought on by the chemotherapeutic agents the decedent received several days before her death. Thus, the causation of the decedent’s death was stipulated to by all parties. The decedent’s family sought recovery of wrongful death damages, as well as recovery of damages in excess of $900,000 for the loss of the decedent’s companionship and society.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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