CA: did physician fail to diagnose stroke? Jury verdict for Dr. upheld by Court on Appeal.

CASE FACTS: At 7:00 p.m., on March 14, 2003, Veto Kalshan experienced an episode of partial blindness. Prior to the arrival of an ambulance, he took one 325 Milligram aspirin. He arrived at the emergency room at French Hospital Medical Center at 8:02 p.m. He was placed in an emergency room bed and was attended to by Nurse Fogelson. Kalshan complained of a right temporal headache or soreness and loss of vision in the left field of both eyes. Nurse Fogelson called Dr. Richard Pollak, who examined Kalshan at 8:10 p.m. Kalshan told Dr. Pollak that he had a similar problem four or five years earlier, but it went away before he was able to get to an emergency room. He stated that an MRI, ordered by his neurologist, Dr. Darius Soleimany, revealed that he had several previous strokes. At 8:30 p.m., Dr. Kalshan ordered a CT scan. At 8:35 p.m.. Kalshan indicated that his vision was improving and, that he had no new complaints. At 8:45 p.m., Nurse Fogelson noted in the record that Kalshan was "out to CT scan." At 9:10 p.m., Kalshan had returned from the CT scan. His pain was noted as decreasing and, he had no new complaints. At 10:00 p.m., Kalshan indicated that he felt slightly better but, his vision remained affected. The scan showed no mass, hemorrhage or shift. At approximately l 0:10 p.m., immediately after Dr. Pollak received the results of the scan, he called Dr. Soleimany, who was also the hospital's on-call neurologist. Dr. Soleimany directed Dr. Pollak to give Kalshan prednisone, and directed that Kalshan continue to take aspirin, and call him the following day if he was not better and, the following Monday if he was better. At 10:45 p.m., Kalshan was sleeping in the ER with respirations even, and unlabored. He was discharged at 1:25 a.m., after he reported a significant decrease in pain. All of Dr. Soleimany's directives were followed. Kalshan called Dr. Soleimany later that morning. Dr. Soleimany instructed Kalshan to meet him at the ER. Dr. Soleimany admitted Kalshan to the ER. ACT scan, performed three days after the initial scan, showed a non-hemorrhagic infarction involving the right occipital lobe. Kalshan was hospitalized six days for stroke. Kalshan sued Dr. Pollak. After a jury trial, the jury found for Dr. Pollak. Kalshan appealed.

COURT'S OPINION: The Court of Appeals of California affirmed the judgment entered on the jury verdict in the trial court. The court held, inter alia, that a judgment cannot be reversed on appeal, unless, after examination of the entire case, it appears that an error caused a miscarriage of justice. Harmless error does not, ipso facto, warrant the reversal of a judgment and/or a new trial. Kaishan v. Pollak, 2008-CA1010.030 (10/09/2008) -CA

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