$552,000 for physician’s assistant’s negligence resulting in delayed surgery for wrist injury. Los Angeles County.

Summary

Plaintiff suffered a wrist injury and sought treatment which did not improve her condition after five months. She had been treated by a P.A., never seen by a physician up to that point. After the fruitless five months, she was finally seen by a hand specialist who immediately recommended surgery.

The Case

Case Name: Galvan v. Mora
Court and Case Number: L.A. Superior Pasadena/ GC045519
Date of Verdict or Judgment: Friday, January 13, 2012
Type of Case: Medical Malpractice
Judge or Arbitrator(s): Hon. Jan A. Pluim
Plaintiffs:
Maria Galvan, 51, unemployed assistant bank manager
Defendants:
Blanca Mora, P.A.; Pacific Orthopedic Medical Group
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $552,000
Net Verdict or Award: $479,500
Award as to each Defendant:
Against both defendant Mora and her employer, Pacific Orthopedic Medical Group.
Economic Damages:
$229,500.00
Non-Economic Damages:
$322,500. Reduced to $250,000 per MICRA.
Trial or Arbitration Time: 9 days
Jury Deliberation Time: 1.5 days
Jury Polls: 10-2 (negligence), 9-3 (causation), 12-0 (damages)

The Attorneys

Attorney for the Plaintiff:
Ammirato & Palumbo by Vincent A. Ammirato, Pasadena
Attorney for the Defendant:
Moore McLennan, LLP by Raymond R. Moore, Glendale

The Experts

Plaintiff’s Medical Experts:
Paul Broadus, M.A., vocational rehabilitation, Los Angeles
Milan Stevanovic, M.D., orthopedic surgery, Los Angeles
Defendant's Medical Experts:
Stuart Kuschner, M.D., orthopedic surgery, Beverly Hills

Facts and Background

Facts and Background:
On April 14, 2009 plaintiff fell and sustained an intra-articular fracture of the dorsal radius of her right wrist as well as a stress fracture of the left wrist. She received emergency room treatment and was referred to Pacific Orthopedic Medical Group for follow-up treatment.

On April 16, plaintiff went with her husband to Pacific Orthopedic Medical Group, where she was seen by defendant Mora, a physician's assistant. Defendant examined plaintiff, took x-rays and performed a closed reduction before re-splinting the wrist.

On April 23, plaintiff returned and was attended again by defendant, who performed another closed reduction with anesthetic and placed the wrist in a cast.
Plaintiff's Contentions:
Believed that defendant was a doctor rather than a physician's assistant and was not told otherwise. Defendant recommended surgery, but when plaintiff asked the difference between surgery and casting, she was told that the injury would heal the same with either treatment except that casting would take longer. Plaintiff chose casting.

After five months of treatment, plaintiff again saw defendant, who at that point consulted with an orthopedist outside of the exam room. Plaintiff was then referred to hand specialist, Dr. Milan Stevanovic who admonished defendant for not having plaintiff seen by a physician prior.

After consultation with Dr. Stevanovic, plaintiff underwent osteotomy surgery with a plate and ten screws.
Defendant's Contentions:
The words "physician's assistant" and "PA" were on paperwork, prescriptions and defendant's gown. Surgery was recommended, but plaintiff chose casting.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Loss of range of motion and grip strength in right wrist and hand as well as a 6-inch scar. Plaintiff claimed that she could not operate a computer keyboard to work.

Special Damages

Special Damages Claimed - Past Lost Earnings: $ 505,000