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Zion v New York Hospital Verdict
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ZION
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
SIDNEY E. ZION, as Administrator
of the estate of LIBBY ZION,
deceased,
Plaintiff Index No. 15353/85
-against-
THE NEW YORK HOSPITAL, RAYMOND
SHERMAN, M.D., MAURICE LEONARD,
M.D., LUISE WEINSTEIN, M.D., and
GREGG STONE, M.D.,
Defendants.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Verdict Sheet
1. (a) Did Dr. Leonard depart from accepted medical practice
with respect to the hydration of Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
2. (a) Did Dr. Leonard depart from accepted medical practice
with respect to the performing of a neurologic examination on Libby
Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
3. (a) Did Dr. Leonard depart from accepted medical practice by
not ordering arterial blood gases for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
4. (a) Did Dr. Sherman depart from accepted medical practice by
not going to New York Hospital to evaluate and treat Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
5. (a) Did Dr. Sherman depart from accepted medical practice
with respect to the hydration of Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
6. (a) Did Dr. Sherman depart from accepted medical practice by
not ordering Libby Zion's admission to an Intensive Care Unit?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
7. (a) Did Dr. Sherman depart from accepted medical practice by
not ordering arterial blood gases for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
8. (a) Did Dr. Sherman depart from accepted medical practice by
making viral syndrome the working diagnosis for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
9. (a) Did Dr. Sherman depart from accepted medical practice by
withholding antibiotics from Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
10. (a) Did Dr. Sherman depart from accepted medical practice by
not including pneumonia in the differential diagnoses for Libby
Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
11. (a) Did Dr. Sherman depart from accepted medical practice
with respect to the chest x-ray ordered for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
12. (a) Did Dr. Sherman depart from accepted medical practice by
ordering Libby Zion's temperature to be monitored every four hours?
Yes No X
Dissenting Juror, if any Number
(b) If "yes", was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
13. (a) Did Dr. Sherman know that Dr. Stone intended to
administer Demerol to Libby Zion?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," did Dr. Sherman depart from accepted medical
practice by permitting the administration of Demerol to Libby Zion?
Yes X No
Dissenting Juror, if any Number
(c) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
14. (a) Did Dr. Stone depart from accepted medical practice with
respect to the hydration of Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
15. (a) Did Dr. Stone depart from accepted medical practice by
not recommending Libby Zion's admission to an Intensive Care Unit?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
16. (a) Did Dr. Stone depart from accepted medical practice with
respect to the performing of a neurologic examination on Libby
Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
17. (a) Did Dr. Stone depart from accepted medical practice by
not ordering arterial blood gases for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
18. (a) Did Dr. Stone depart from accepted medical practice by
making viral syndrome with hysterical symptoms the working
diagnosis for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
19. (a) Did Dr. Stone depart from accepted medical practice by
not recommending to Dr. Sherman that antibiotics be administered
to Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
20. (a) Did Dr. Stone depart from accepted medical practice by
not including pneumonia in the differential diagnoses for Libby
Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
21. (a) Did Dr. Stone depart from accepted medical practice with
respect to the chest x-ray ordered for Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
22. (a) Did Dr. Stone depart from accepted medical practice with
respect to the monitoring of Libby Zion's temperature?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
23. (a) Did Dr. Stone depart from accepted medical practice by
ordering the administration of Demerol to Libby Zion?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
24. (a) Did Dr. Stone depart from accepted medical practice by
leaving Libby Zion and New York Hospital on the morning of March 5,
1984?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
25. (a) Did Dr. Weinstein depart from accepted medical practice
with respect to the hydration of Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
26. (a) Did Dr. Weinstein depart from accepted medical practlce
with respect to Dr. Stone's plan for "cool soaks/compresses"?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
27. (a) Did Dr. Weinstein depart from accepted medical practice
by not ordering Tylenol every three hours for a temperature greater
than 38 degrees Celsius?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
28. (a) Did Dr. Weinstein depart from accepted medical practlce
by ordering Demerol for Libby Zion?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
29. (a) Did Dr. Weinstein depart from accepted medical practice
by not ordering Libby Zion's temperature to be monitored more
frequently than every four hours?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
30. (a) Did Dr. Weinstein depart from accepted medical practice
by ordering that Libby Zion be placed in restrain
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No _
Dissenting Juror, if any Number
31. (a) Did Dr. Weinstein depart from accepted medical practice
by not attending at Libby Zion's bedside when called by Nurse Balde
between 4:15 a.m. and 4:30 a.m.?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
32. (a) Did Dr. Weinstein depart from accepted medical practice
by not attending at Libby Zion's bedside when called by Nurse
Grismer at 4:30 a.m.?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
33. (a) Did Dr. Weinstein depart from accepted medical practice
in orderinq the administration of Haldol to Libby Zion?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
34. (a) Did Dr. Weinstein depart from accepted medical practice
by not checking on Libby Zion's status between 4:30 a.m. and 6:30
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
35. (a) Did Dr. Weinstein depart from accepted medical practice
by not consulting with more experienced physician(s) after 4:15
a.m.?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
36. (a) Did Dr. Weinstein depart from accepted medical practice
by the manner in which she responded to the call at 6:30 a.m.?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that departure a proximate cause of Libby
Zion's pain and suffering or death?
Yes No X
Dissenting Juror, if any Number
37. (a) Was New York Hospital negligent with respect to the
manner in which its interns or residents were supervised?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that negligence a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
38. (a) Was New York Hospital negligent with respect to the work-
load assigned to Dr. Weinstein on March 4-5, 1984?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that negligence a proximate cause of Libby
Zion's pain and suffering or death?
Yes No X
Dissenting Juror, if any Number
39. (a) Did New York Hospital maintain a residency program which
impaired the ability of its interns or residents to treat Libby
Zion because they were sleep deprived?
Yes No X
Dissenting Juror, if any Number
(b) If "yes," was that negligent conduct?
Yes No
Dissenting Juror, if any Number
(c) If "yes," was that negligence a proximate cause of Libby
Zion's pain and suffering or death?
Yes No
Dissenting Juror, if any Number
If you have not answered "yes" to anv of the above questions
regarding proximate cause, you have found in favor of defendants
and need go no further. If you answered "yes" to any one of the
above questions regarding proximate cause, consider the remaining
questions.
40. (a) Did Libby Zion ingest cocaine on March 4, 1984?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that a proximate cause of Libby Zion's pain
and suffering or death?
Yes X No
Dissenting Juror, if any Number
41. (a) Was Libby Zion negligent with respect to the medical
history she gave when she went to New York Hospital?
Yes X No
Dissenting Juror, if any Number
(b) If "yes," was that negligence a proximate cause of Libby
Zion's pain and suffering or death?
Yes X No
Dissenting Juror, if any Number
42. If your answer to 40(b) or 41(b) is "yes," what is the
percentage of fault of
Defendants 50%
Libby Zion 50%
TOTAL 100%
Dissenting Juror, if any Number
DAMAGES
1. What damages do you award to plaintiff for Libby Zion's pain
and suffering?
$750,000
Dissenting Juror, if any Number
2. What damages do you award to plaintiff for Libby Zion's
wrongful death?
$1
Dissenting Juror, if any Number
PUNITIVE DAMAGES
1. Should New York Hospital be held liable for punitive damages?
Yes No X
Dissenting Juror, if any Number
2. Should Dr. Sherman be held liable for punitive damages?
Yes No X
Dissenting Juror, if any Number
3. Should Dr. Weinstein be held liable for punitive damages?
Yes No X
Dissenting Juror, if any Number
4. Should Dr. Stone be held liable for punitive damages?
Yes No X
Dissenting Juror, if any Number