Procedure
A. Who
are the parties?
1.
Maria Del Carmen Mejia (Plaintiff) vs.
2.
Community Hospital of San Bernardino
(Respondent)
3.
The ER Physician (Defendant)
4.
Radiologist and his employer MSB
Radiology Medical Group (Defendant)
5.
Emergency Physicians Medical Group
(Defendant)
B. Who
brought the action?
1. Mejia,
the plaintiff.
C. In
what court did the case originate?
1. Court
of Appeal, Fourth District, Division 2, California
D. Who
won at the trial-court level?
1. The defendants
E. What
is the appellate history of the case?
1. The
case proceeded to trial, where respondent successfully moved for a nonsuit
immediately after the close of the plaintiff’s case. Regarding the remaining
defendants, the jury found that the radiologist and his employer, MSB
Radiology, were negligent, but the ER physician and his employer, Emergency
Physicians Medical Group, were not.
Facts
A. What
are the relevant facts as recited by this court?
1.
On May 3, 1997 the plaintiff awoke in
severe pain with her neck twisted to one side.
2.
Her mother convinced her to go to the
emergency room.
3.
The plaintiff arrived at 3:00 AM and was
examined by an emergency room physician.
4.
The physician prescribed her
hydrocodone, acetaminophen, a tranquilizer, and also ordered X-rays.
5.
The X-rays were sent to at least one
X-ray on-call Radiologist for evaluation.
6.
The radiologist noticed congenital
fusion in the patient.
7.
Shortly after, the plaintiff experienced
severe vomiting and nausea.
8.
The nausea was so severe that after the
final vomiting occurrence her head needed to be lifted out of the toilet.
9.
The next morning the plaintiff awoke and
was experiencing pain in her neck, loss of movement in her limbs, as well as
numbness throughout her body.
Holding
1.
The court found the radiologist and his
employer, MSB Radiology, were negligent.
2.
The ER physician and his employer,
Emergency Physicians Medical group were not.
3.
The respondent received a nonsuit.
Rational
1. The court decision was overturned, due to the
lack of evidence brought by Meji.
Implications
A. What
does the case mean for healthcare today?
All Healthcare providers must be aware of all
guidelines and must pay attention to detail especially when dealing with
emergency room patients
