Sacramento Medical Malpractice Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)

CLAIMED SPECIAL DAMAGES
Plaintiff has consulted with expert rehab nurse, Tamara Evans, BSN, RN, PHR, CCM. Ms. Evans believes that Ms. Green has a number of needs. These needs include:
1. CNA level care for 8 - 12 hours per day;
2. Housekeeping care once week for 4 hours;
3. A motorized wheelchair;
4. A lift;
5. A minivan with ramp;
6. Ramps at her home;
7. Physical therapy; and
8. A new mattress for her hospital bed.

Don Black, a local Ph.D., has placed a present value on the ongoing expenses. He places this value, which is primarily for the CNA level care at 1.4 million. In addition, there are present costs for items which add $100,000.00 (van, wheelchair, lift, etc.).

In addition to these expenses, there is the cost of replacing plaintiff's insurance. UH billed her $983,031.64. Of that, $485,000.00 was paid by her insurance. However, this payment exhausted her $500,000.00 per condition coverage related to the back surgery and any complications. Plaintiff cannot replace the coverage to offset the loss. A substandard replacement, according to expert testimony, would cost $900.00 - $1,000.00 per month. This, according to Dr. Black, is an added present value loss of $274,000.00.
Plaintiff's economic damages thus total $1,750,000.00.

GENERAL DAMAGES
Plaintiff is profoundly disabled and unable to provide for her basic needs. She is depressed and in pain. She seeks the $250,000.00 limit for general damages.

Continue reading " Sacramento Hospital Sued For Malpractice Post-Surgery, Part 4 of 4 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)

DAMAGE ISSUES

Plaintiff's medical records contain the following descriptions:

This a 57-year-old Caucasian female status post anterior spinal fusion complicated with left lower extremity neuro deficit, abdominal wound infection, and occluded left common iliac artery. The patient underwent an anterior spinal fusion L4-S1. It was found during this operation the patient had some fibro-arterial occlusive disease. Her left iliac artery was occluded and required embolectomy and Dacron interposition graft to the left common iliac artery.

Postoperatively, the patient had an unhealed abdominal wound. The patient has a history of diabetes mellitus. Postoperatively, the wound had undergone Wound-Evac therapy. At various times the patient was offered a split-thickness skin graft. he wound also required multiple debridments and its was debrided on 08/26 and 08/29. Secondary to her diabetes, she did develop a wound infection with Pseudomonas and she was on appropriate antibiotics for a period of time. Endocrine was consulted for a tight control of her diabetes in order to promote wound healing.

57-year-old female developed paralysis of the left leg after she undervent anterior spine fusion which was complicated by iliac artery thrombosis and subsequent iliac bypass surgery on 7/22/02. She does not have sensation below the mid thigh level. She has history of diabetes and history of traumatic injury to the right upper extremity and amputation of the right leg. She is currently on an I.V. heparin drip.

Continue reading " Sacramento Couple File Malpractice Action After Surgery, Part 3 of 4 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)

LIABILITY ISSUES

BAJI 6.11 provides that a physician has a duty to disclose to the patient all material information to enable the patient to make an informed decision regarding the proposed operation or treatment BAJI further provides that when a procedure inherently involves a known risk of death or serious bodily harm, the physician has a duty to disclose to the patient the possibility of such an outcome and to explain, in lay terms, the complications that might possibly occur. Plaintiffs allege that did not occur in this medical malpractice case.

Ms. Green and her husband met with Dr. Smith on several occasions. Ms. Green alleges that she told him that she would not have surgery if anything could happen to her left leg. She also alleges that on several occasions, Dr. Smith promised her that nothing would happen to her left leg.

Dr. Smith planned a complicated front and back surgery with installation of rods and screws. Plaintiff suffered from diabetes and had a risk of artery disease and infection. Both complications occurred during or after the July 22, 2002 surgery. A vascular repair of the occluded artery did not work. Plaintiff's leg lost oxygen for so long that she suffered neurological damage that rendered her leg useless.

Continue reading " Sacramento Surgeon Sued For Malpractice, Part 2 of 4 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)

PLAINTIFF’S TRIAL BRIEF

NATURE OF ACTION
This is a medical malpractice against Stan Smith, M.D., and his employer, the Universal Hospital. Plaintiff, Joan Green, alleges that negligent informed consent led her to undergo a back surgery in July 2002, and that complications therefrom left plaintiff completely disabled.

PARTIES AND COUNSEL
Plaintiff, Joan Green, is a 65-year-old resident of Sacramento, who suffered a right leg amputation following an accident in 1986. Plaintiff, Bobby Green, is her husband, who is seeking loss of consortium damages. They are represented by Tim Brown, Attorney at Law.

Defendant, XYZ Corp. operates the Universal Hospital (UH). Defendant, Stan Smith, M.D., is employed as a physician and professor by the UH Medical Center. Defendants are represented by David Brown, Attorney at Law.

FACTUAL BACKGROUND
Joan Green is a married Caucasian woman who was born on XX/XX/1944. Her health was good until 1986 when she was in a pedestrian versus truck accident that almost killed her. She suffered a right leg above the knee amputation, a degloving of her right arm, and other injuries. Her left leg was broken, but healed. After recovering, she was able to drive and do many household activities using her left leg. She used her wheelchair much of the time, but in 2002, she was finally fitted with a usable prostheses. However, she did have significant low back pain, diabetes, Krohns disease, and had been a smoker for 30 years until 2001. Her physician in Sacramento suggested a consult with an orthopedic surgeon at UH. An appointment was made with Stan Smith, MD.

Continue reading " Sacramento Woman Left Disabled After Medical Malpractice, Part 1 of 4 " »