VIII/19-7 MEDICAL MALPRACTICE -FAILURE TO DIAGNOSE HODGKIN'S DISEASE -SPINAL CORD COMPRESSION

Keith T. v. Southside Hospital; Dr. David Steres; Patchogue Health Center; County of Suffolk; Dr. Robert Frank; and National Emergency Service, Inc. 10305/85 27-day trial Verdict 6/14/90 Judge George A. Murphy, Nassau

Supreme.

VERDICT: $500,000 v. Steres and Patchogue Health Center. Dr. Steres and Patchogue Health Center settled before trial for $500,000.

Liability: Steres and Patchogue Health Center 75%; Pltf. 25% negligent. Breakdown: $100,000 for past pain and suffering; $200,000 for future pain and suffering; $50,000 for past lost earnings; $110,000 for future lost earnings; $40,000 for medical expenses. Defense verdict for Southside, Frank, and National

Health Service. Post-trial motions were denied. Jury: 2 male, 4 female.

Pltf. Atty: Daniel P. Buttafuoco, Mineola.

Deft. Atty: Robert Adelman of Bower & Gardner, Manhattan.

Facts: Pltf., a 34-year-old unemployed handyman, was living with his parents in Summer 1982 when he developed back and chest pain while working on his parents' farm in Suffolk County. He assumed that the pain was merely a muscle spasm but the pain worsened, and he presented to Deft. Southside Hospital where an emergency  room physician employed by National Emergency Services attended to him. Pltf. was X-rayed and discharged without diagnosis. The hospital records indicated that Pltf.'s chest and back pain were of unknown etiology. Pltf. was told to see his own doctor but, as he did not have a family physician, he was directed to the Brentwood Health Clinic. On 8/29/82, he presented to Patchogue Health Clinic (a County-owned facility) where he was seen by Deft. Dr. Steres (75% liable, settled before trial). Dr. Steres found neurological symptoms and told Pltf. to return in 2-3 weeks for a full workup. In the interim, the Southside Hospital radiologist read Pltf.'s X-rays and reported findings suggestive of a tumor, but never informed Pltf. of these findings. This information was filed in the hospital report. In September 1982, Pltf. underwent a complete physical exam, during which he was in such pain that the examining physician administered three Demerol shots. Pltf. was advised to return for a final diagnosis, but presented instead to Deft. Dr. Robert Frank, a chiropractor, on 1/6/83. Pltf. visited Dr. Frank periodically, but his pain worsened. In February 1983, Dr. Frank noted that Pltf. had swollen lymph nodes. On 2/25/83, Pltf. became paralyzed from the waist down. He was brought to Stony Brook Hospital where he remained for 6 months. Pltf. was diagnosed with Hodgkin's disease and spinal cord compression, resulting in loss of sensation from the waist down and an inability to walk without a cane. Pltf. also suffers from mild urinary urgency. Pltf.'s expert hematologist/oncologist, testified that all of the treating physicians should have recognized the spinal cord compression. He also testified that untreated Hodgkin's disease causes spinal cord compression and that approximately 10-20% of Hodgkin's disease patients develop additional complications such as lymphomas of the spine. He testified that if left untreated, a lymphoma such as Pltf.'s could cause neurological deficits and/or spinal cord compression. Pltf.'s economist projected Pltf.'s lost earnings at $400,000. Although Pltf. was unemployed at the time of the onset of the disease, he was previously a handyman. Pltf.'s rehabilitative counselor testified that Pltf. would not be able to work in the future. Pltf.'s chiropractic expert testified that Dr. Frank should have recognized spinal cord compression after performing routine chiropractic tests. Deft. hospital argued that although Pltf. had been seen in the emergency room, the emergency room doctor's position is not as a treating physician, but as a diagnostician; that the symptoms with which Pltf. presented were not abnormal and were able to be treated by a clinician. Deft. hospital also contended that it had no duty to notify Pltf. of the radiological findings, but Pltf. contended that the hospital rules, which were in evidence, indicated that he should have been notified.

Pltf. Experts: Dr. Fred Rosner, internist and hematologist/oncologist, Jamaica; Dr. Peter Lichtenfeld, neurologist, Great Neck; Dr. Les Seplaki, economist, New Jersey; Dr. Arnold Goldschmidt, chiropractor; Dr. David Stein, certified rehabilitative counselor.

Deft. Experts: Dr. Jonas Goldstone, internist and hematologist/oncologist, Manhattan; Dr. Morris Ehrenreich, rehabilitative medicine, Manhattan; Dr. Diane Sixsmith, internist and emergency room medicine,

Manhattan.