. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 47869

$________ CONFIDENTIAL @INTRO = Medical malpractice - HMO negligence - Failure to timely diagnose squamous cell carcinoma of superior left septum - Failure to direct biopsy when patient presented with epistaxis - Total rhinectomy - Partial palatectomy - Loss of earnings.

Riverside County, California

@INTRO = This was a medical malpractice matter in which the plaintiff contended that the defendant HMO failed to do a biopsy when the plaintiff presented with persistent nosebleeds in order to rule out cancer. The defendant denied any deviation from the standard of care and determined that the plaintiff had a deviated septum, which accounted for the nosebleeds.

The male plaintiff presented to the defendant HMO in January ________ with a history of nose bleeds. He was treated with Flonase and cauterization. Throughout ________ to ________ the plaintiff contended that he presented to various physicians and medical personnel of the defendant HMO with continued complaints of epistaxis. It was not until May ________ that a biopsy was performed. The biopsy disclosed moderately differentiated squamous cell carcinoma of the superior left septum. He was then referred to UCLA for staging and underwent a total rhinectomy, partial palatectomy and skin grafting.

The plaintiff brought suit against the defendant alleging medical negligence in the failure to direct or permit the plaintiff to undergo a biopsy when he first presented with symptoms associated with cancer. The plaintiff contended that the defendant’s delay in conducting a biopsy resulted in loss of earnings and the future need for further reconstructive surgery.

The defendant disputed negligence and maintained that there was nothing to biopsy until ________. The defendant relied upon a non- revealing CT scan that the plaintiff had in ________. The defendant blamed the plaintiff’s deviated septum on his nosebleeds. The defendant disputed the plaintiff’s claim of loss of earnings in the future.

The matter was mediated on December 5, ________ and was settled for $________ in a confidential settlement on December 14, ________.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.