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Law & Order

Lawsuit Alleges ER Doctor Let Man Die In Order to Steal His Rolex

By Joe Eskenazi, Monday, Sep. 28 2009 @ 12:01AM
Comments (45)
Categories: WTF?
PrezRolex.jpg
To die for?
​
A jaw-dropping lawsuit filed last week in San Francisco Superior Court alleges an emergency room doctor abandoned his attempts to resuscitate a patient from cardiac arrest to instead pocket the dead man's valuable Rolex wristwatch.


The suit, filed by the adult children of Jerry Keith Kubena, Sr., alleges that Dr. Cleveland James Enmon on June 1 "formed the intent" to swipe the Rolex from Kubena's wrist while treating the man at St. Joseph's Medical Center in Stockton (as this is a subsidiary of San Francisco-based Catholic Healthcare West, the lawsuit was filed here).

After Kubena went into cardiac arrest, "Defendant Enmon assumed responsibility for resuscitating descendant [Kubena]," reads the suit. "Once defendant Enmon formed the intent to steal decedent's watch, he abandoned his efforts to resuscitate decedent, leaving decedent to die so that he would not be around to reclaim his watch."

According to the suit, Enmon's alleged theft was as clumsily executed as it was heartless:

The nursing staff assisting Enmon soon noticed that Kubena's flashy timepiece was missing; "Where is the wristwatch?" the suit quotes one as uttering. Two more nurses allegedly noticed a wristwatch-shaped bulge in the doctor's pocket. Security was called to investigate the disappearance. Defying security's orders, the lawsuit notes Enmon walked out of the operating room and into the parking lot -- a move caught on hospital security cameras.

A nurse claims she saw Enmon toss a small object into the grass; she subsequently led security personnel to that exact area and recovered the watch.

Last month, the suit continues, a San Joaquin County grand jury indicted the doctor for grand theft and a $25,000 bench warrant has been issued for his arrest. Yet Kubena's children claim the hospital failed to call the police -- something they were forced to do on their own. This accusation of negligence is one of six charges brought up in the suit: wrongful death; negligent hiring; negligent supervision; civil conspiracy; intentional infliction of emotional distress; and negligent infliction of emotional distress

In short, the doctor is being sued for obvious reasons and the entities that employed him are being blamed for wrongdoing in hiring such a man and their conduct following the alleged robbery. Disturbingly, Kubena's children claim that, due to the investigation surrounding the missing watch, they were unable to grieve at his bedside following his death. The plaintiffs allege they were kept in the dark about their father's death for more than an hour, during which time the defendants supposedly cooked up a plan to cover up Enmon's alleged theft. In fact, it was Enmon himself who was sent to tell the family of Kubena's death. The suit claims that 11 days passed before a confidential source told the family of Enmon's alleged wrongdoing.

The suit, incidentally, does not disclose the value of Kubena's "Presidential Rolex" -- but it's safe to say it was worth several thousand and perhaps several dozen thousand dollars.

Sadly, if Kubena were wearing a Timex, his heart might still be ticking today.

H/T   |   Courthouse News

Tags:

Cleveland James Enmon, Jerry Keith Kubena, Rolex
Comments (45) Write Comment
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Comments (45)

popalong says:

And this is why we need to institute medical malpractice tort reform? Okay, it's already a fact in California, but it should be repealed!

Posted On: Monday, Sep. 28 2009 @ 8:55AM
JR says:

I don't think that this alleged event is your typical malpractice situation, and it's tasteless in my opinion to make a political point over something so unfortunate. In my opinion the journalist's last sentence isn't very funny. If true, this is an extremely sad story, and it's bigger than those immediately involved.. How could professional society degenerate to such an extent?

Posted On: Tuesday, Sep. 29 2009 @ 2:09PM
Mike says:

"Sadly, if Kubena were wearing a Timex, his heart might still be ticking today."I can't believe the author wrote that disgusting garbage. I'm sure that wouldn't be there if it was your family member you were writing about. I hope this man's family doesn't see that. This author is trash.

Posted On: Tuesday, Sep. 29 2009 @ 10:00PM
Deborah says:

What is this world coming to? Greed is nasty, shameful and people who stoop to take a life for greed lose their souls.
My prayers to Mr. kubenas family.

Posted On: Tuesday, Sep. 29 2009 @ 11:01PM
jon says:

Malpractice wouldn't cover the doctor for a criminal act, so malpractice tort reform wouldn't apply here. The same applies to the hospital covering up the crime. Joe Eskenazi showed incredible insensitivity as did the editor. The doctor and the hospital should be on the hook for a lot and the secret informant should get a handsome reward from the family for doing the ethical thing.

Posted On: Tuesday, Sep. 29 2009 @ 11:14PM
gary berliner says:

It is Doubtful that the CRIMINAL theft acts of this so-called emergency room physician led to Mr. Kubena's death. The same three nurses assisting Dr. Enmon, who turned him in to security for stealing the watch, are part of an ER team who know how to work a cardiac arrest code, and they can perform all of the resuscitation protocols with or without the doctor in question. It is unlikely that these three highly ethical nurses would have halted a resuscitation code were the ACLS guidelines for ceasing their efforts not realized. As heinous as Dr. Enmon's acts of theft are, the conclusions of wrongful death espoused in Mr. Eskenazi's article are more inflammatory than accurate.

Posted On: Wednesday, Sep. 30 2009 @ 2:44AM
CJL says:

What jerk writes that last line? Even Jay Leno wouldn't use it. The author is an ass and should be reprimanded for such a heartless comment.

Posted On: Wednesday, Sep. 30 2009 @ 7:05AM
Sarah Woods says:

I am an RN and have been for MANY years. I have worked in ER, Cath Lab, and med surg over the years. One thing I have learned in all the years that I have been in the medical field is doctors as rich as they ae , are CHEAP! Cheapest people I know and I would not put it past them for one second to pull a stunt like that.

Posted On: Wednesday, Sep. 30 2009 @ 2:41PM
JLH says:

What kind of heartless author would write that last line? Joe Ask-a-Nazi. That's who!

Posted On: Wednesday, Sep. 30 2009 @ 2:43PM
Anthony says:

Why is the author heartless for the last sentence? That is the entire basis for the lawsuit. If he wasn't wearing the Rolex the doctor would have made a better attempt at saving his life and he may very well still be alive today. Without accepting that there it no lawsuit.

Posted On: Wednesday, Sep. 30 2009 @ 2:43PM
deanimator says:

If attempts to resuscitate were indeed prematurely abandoned with the intent to misappropriate the apparently expensive watch, then I find the last line HIGHLY appropriate...and not at all offensive. If it´s offensive, then only to the doctor who has allegedly committed this heinous crime! After all...isn´t this the whole point here?

Posted On: Wednesday, Sep. 30 2009 @ 2:47PM
Presidential Rolex says:

Presidential Rolex is worth $35K.

Posted On: Wednesday, Sep. 30 2009 @ 2:47PM
Anonymous says:

Sad but true enough. I thought the last comment was actually quite brilliant.

Posted On: Wednesday, Sep. 30 2009 @ 2:54PM
Anonymous says:

JR Posted On: Tuesday, Sep. 29 2009 @ 2:09PM
I don't think that this alleged event is your typical malpractice situation, and it's tasteless in my opinion to make a political point over something so unfortunate.
----------------------------------------------
Then we'll have to agree to disagree. In addition to the very disturbing racial component, ask yourself why this story has thus far been ignored by "tort reform" advocates in the MSM and on talk radio. Has Rush Limbaugh brought up this story? Or Sean Hannity? Or Michael Savage?

This story has EVERYTHING to do with the concerted effort to deny the average citizen his day in court. Doctors are not gods. They are susceptible to the same temptations and shortcomings as the rest of us.

Posted On: Wednesday, Sep. 30 2009 @ 3:10PM
Doug says:

So this seems so unlikely considering the first thing they do in the ER is remove personal effects, clothing, jewelry etc that would inhibit proper care. The watch would be a big one that should've been removed by a nurse or orderly quickly and stowed with his other effects. Unless of course he was dead for some time before reaching the ER and then the actual rescue of this mans life seems less likely the doctors fault, and more just poor circumstances.

Posted On: Wednesday, Sep. 30 2009 @ 3:11PM
Kang says:

You had a very sad but intresting story here, but for whatever reason decide to ruin it with incredibly stupid last line. Found the story on digg, last time I will ever visit this site.

Posted On: Wednesday, Sep. 30 2009 @ 3:40PM
Truthsayer says:

I find it interesting that so many other news outlets ran with a photograph of the doctor, while sfweekly did not.

Posted On: Wednesday, Sep. 30 2009 @ 3:50PM
Delman says:

Yeah! Going for teh GOLD! =

Posted On: Wednesday, Sep. 30 2009 @ 3:52PM
James King says:

This is what greed gets you. If you wear a $35K watch then you deserve to get killed for it.

Posted On: Wednesday, Sep. 30 2009 @ 3:54PM
bigyaz says:

"...last time I will ever visit this site."

I'm sure you'll be missed, what with your valuable rhetorical and financial contributions.

Posted On: Wednesday, Sep. 30 2009 @ 4:12PM
Joe EskenaziAuthor Profile Page says:

Hello --

I'm not sure how interesting it is that we didn't run a photo of Dr. Enmon. I'll admit it, I couldn't find one that we were entitled to use.

So we went with the watch.

Yours,

JE

P.S. -- Define "many other outlets," please.

Posted On: Wednesday, Sep. 30 2009 @ 4:21PM
Jeffery says:

What a scumbag... these are the same hypocrits trying to denounce the electric cigarette as bad.

Posted On: Wednesday, Sep. 30 2009 @ 4:37PM
shdwsclan says:

.....and....the hospital probably billed his insurance....

Posted On: Wednesday, Sep. 30 2009 @ 4:48PM
Anonymous says:

Here's a picture of the doctor http://spotlight.vitals.com/tag/cleveland-james-enmon/

Posted On: Wednesday, Sep. 30 2009 @ 5:12PM
j man says:

"I am an RN and have been for MANY years. I have worked in ER, Cath Lab, and med surg over the years. One thing I have learned in all the years that I have been in the medical field is doctors as rich as they ae , are CHEAP! Cheapest people I know and I would not put it past them for one second to pull a stunt like that."

Are you kidding me? This is the biggest blanket statement I've ever seen. Why are you posting this garbage?

Posted On: Wednesday, Sep. 30 2009 @ 5:43PM
Patricia Bee says:

All the messages specifically condemning the last line of the article are either from the same person or were requested to be written by the same person. Am I right?

Posted On: Wednesday, Sep. 30 2009 @ 5:46PM
Anonymous says:

Um, two problems:

#1: "Enmon walked out of the operating room" An ER doc would not be the one to resuscitate a patient in an OR. ER docs live in the ER, and by the time a patient is in an operating room the ER doc has seen 3 other patients.

#2: A "wristwatch-shaped bulge" in the doctor's pocket? Anyone who has seen doctors in an ER, white coats full of papers and instruments etc, knows that a watch-shaped bulge could not be detected. Furthermore, if he WAS in an OR he would have been in a scrub gown with no pockets.

Either the case, the reporting, or both stink here.

Posted On: Wednesday, Sep. 30 2009 @ 5:48PM
Anonymous says:

If it was a black man, the police would have beat him.

Posted On: Wednesday, Sep. 30 2009 @ 5:58PM
BacktoWritingSchool says:

'"Sadly, if Kubena were wearing a Timex, his heart might still be ticking today."I can't believe the author wrote that disgusting garbage. I'm sure that wouldn't be there if it was your family member you were writing about. I hope this man's family doesn't see that. This author is trash.'

This.
The author clearly can't decide if he wants to be a blogger with his own personal slant on the story, or an objective reporter who states the facts using a tightly written, cohesive factual account. Pick one or the either, pal, but not both. It's not good (for you) that it was this I noticed most from the article, not the story itself. This writing REEKS of "amateur."

Posted On: Wednesday, Sep. 30 2009 @ 6:18PM
MD says:

"I am an RN and have been for MANY years... One thing I have learned in all the years that I have been in the medical field is doctors as rich as they ae , are CHEAP! Cheapest people I know and I would not put it past them for one second to pull a stunt like that."

Typical nurse hating physicians. Nurses hate docs because we call tell them what to do and they just follow orders. I dont think it is fair to say that ALL doctors are like that. It would be like me saying that the one thing that I have learned in the medical field is that nurses are gold diggers and tramps who just want to trap a doctor and that is why they sleep with them so easily. But I am sure that is just my personal experience and not a fact...

in summary, SHUT UP, STAT!

Posted On: Wednesday, Sep. 30 2009 @ 8:01PM
Daniel says:

With a health care system based on profiteering at the expense of others misfortune, what did you expect?

Posted On: Wednesday, Sep. 30 2009 @ 9:03PM
Anonymous says:

My father's wallet was magically empty when we got his effects after his fatal heart attack. It is a really low thing to do.

Posted On: Wednesday, Sep. 30 2009 @ 9:58PM
LogicalGuy says:

To all those complaining about the last sentence of the article..

The content of the story and the lawsuit from the family suggest that the man may have been resuscitated if the doctor did not seek to steal the watch. If the watch was a timex, the doctor probably would not have done what he did. (He quite possibly would have done that or worse later...) but that is the way it is.

.. to turn that concept into a pun.. meh .. matter of taste.. it's the internet. Christ - the article is under a category called "Law & Order, WTF?" ..

You would have known nothing about this story or this man had you not read this article. Who is being insensitive now? Give the writer a break.

Posted On: Wednesday, Sep. 30 2009 @ 11:06PM
Tom Beck says:

The RN is correct that doctors are cheap; my family owns a hotel near a major medical center, and we routinely add bonuses to staff salaries whenever there is a medical convention in town -- because doctors don't tip well, if at all.

The speculation that emergency personnel let victims die to steal their property is also correct, though more commonly it occurs at an accident scene. Whether on the scene or in the emergency room, care probably won't be withheld over a high school ring, though it might be stolen if you die. However wearing expensive jewelry or carrying large amounts of cash could cause ER personnel to let you die.

Posted On: Wednesday, Sep. 30 2009 @ 11:23PM
dianal says:

Imagine if there's no CCTV and the nurses are as corrupt as the doctor.

There must be a reason why the nurses complaint and obviously they notice the doctor is not trying his best.

If you ask anyone who works in hospital setting, they'd know when someone's slacking.

Posted On: Thursday, Oct. 1 2009 @ 1:32AM
Anonymous says:

I doubt ACLS protocols were terminated prematurely. No nurse is going to let that shit fly. That's simply how people are interpreting the situation.

Posted On: Thursday, Oct. 1 2009 @ 3:27AM
Michelein says:

No, it's not 'if he was wearing a Timex, he'd still be alive'... it's 'if the doctor wasn't a greedy scumbag, he'd still be alive'.

I don't mind that sentence as much as some other people, though.

Posted On: Thursday, Oct. 1 2009 @ 4:20AM
Anonymous says:

I worked as an EMT for several years, and I was paid nowhere near as much as an ER doctor. We turned away tips from patients, and we were always careful to take care of the patients belongings. It is a disgrace that his happened, but after close to 10 years in EMS, I have never seen anything like this happen.

Posted On: Thursday, Oct. 1 2009 @ 8:33AM
Anon says:

"I am an RN and have been for MANY years... One thing I have learned in all the years that I have been in the medical field is doctors as rich as they ae , are CHEAP! Cheapest people I know and I would not put it past them for one second to pull a stunt like that."

I've worked with some great nurses, however, most of them are lazy and just waiting to take their next break. Its often like pulling teeth to get them to follow orders. This doc is a disgrace to the profession if this story is true.

Posted On: Thursday, Oct. 1 2009 @ 3:20PM
Anonymous says:

I am a respected MD/Surgeon in the Los Angeles area. The people who posted that the last line of this article was brilliant are all "stupid". Thief or not, a doctors responsibility is to the patient! A code blue situation cannot be unilaterally halted based on something as ignorant as wanting to steal a Rolex watch. There are many nurses and supporting staff who help conduct and witness what goes on during a "Code Blue" situation. To suggest that doctors are heartless, money hungry individuals who only think about "A quick come up" is insulting. No one is guilty until proven. If this doctor really did attempt to take the watch then he should be punished, but dont assume that he didnt do his job first.

Posted On: Thursday, Oct. 1 2009 @ 3:55PM
website says:

Who says doctors are only in it for the money...

Posted On: Thursday, Oct. 1 2009 @ 11:45PM
Anon MD says:

I worked with Dr. Enmon at St Joseph's. He was a bit eccentric but I never saw anything to suggest he would do something like this. He always dressed quite stylishly and I think he probably had plenty of his own rolexes (if that's what he wanted).

As to the nasty RN bad mouthing docs, get a life. I could easily complain about the sweaty overweight nasty beasts that I have to fight with in the ED to get anything done, but I don't think that would be a fair representation of nurses in general.

By the way, the guy was dead as a doornail when he arrived (as he was when the medics picked him up at his house.) Asystole. Flatline. Nada.

Medics in that county transport everybody, most of the time our job is to diagnose rigor mortise, I can see that a resuscitation is clearly futile the moment they arrive in the ED. Many times we waste 20 minutes pumping on the cold chest until the family arrives because we fear accusations that we "didn't do everything". Accusations of abandoning care takes this to a new level.

The media's portrayal of the initial press release was terribly slanted towards guilt on Dr. Enmon's part.

I don't see how there could be a conviction out of this nonsense, but I feel sorry for Dr. Enmon for getting his name dragged through the mud before he has ever been tried in court- but for the grace of God there go I, and if someone accused me of something like this, no matter how untrue, I would be devastated- whether you are a doctor or not, I think any sentient human being will agree with that.

Posted On: Saturday, Oct. 3 2009 @ 12:33PM
popalong says:

@Anon MD (or is this Mister Enmon shilling for hisself?) "Get a life" you dismissively instruct the nurse who commented on this horrible matter? Why don't YOU get a life "Anon MD" -- or Mister Enmon, or whoever you are -- and stop instructing us how to critique this incident and the POS who stole the watch?

Your friend
popalong

Posted On: Saturday, Oct. 3 2009 @ 11:37PM
Anonymous says:

http://archive.southcoasttoday.com/daily/02-97/02-26-97/a06wn026.htm

Posted On: Sunday, Oct. 4 2009 @ 6:29PM
Madness says:

That article is from '97...what's the point? "Oooo, a doctor somewhere else did something bad too!" Tool.

Last line was funny. Don't be so sensitive. Candyasses.

Posted On: Friday, Jan. 1 2010 @ 4:18PM

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