Sacramento Medical Malpractice Lawyer Blog

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

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

10. Plaintiff asserts that the jury failed to understand the medical issues here. The Charcot process is time limited, and during the acute phase the foot must be protected from bone fractures and joint dislocations by casting or booting. After the process quiets down and the bones harden again, when the cast is removed a properly treated foot is preserved in its original state, without injury. This is precisely why Plaintiff's expert orthopedic surgeon, Dr. Lee, testified that in order to avoid the catastrophic injuries which Plaintiff now suffers, a foot presenting as Plaintiffs did must be casted or booted. This explanation, provided by Plaintiffs expert, was also uncontroverted.

In sum, the facts presented at trial, which were not rebutted by any substantial evidence, showed that Plaintiff entered the hospital with an intact foot in which all the bones and joints, except for the navicular, were free of fractures and dislocations. The admitting x-ray established this. After a week of hospitalization under the exclusive care of Defendants, Plaintiffs foot was destroyed with many fractures and joint dislocations. Trial testimony confirmed that any attempt to surgically repair Plaintiffs foot carries a high risk of amputation.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Sacramento Woman Demands New Trial In Medical Malpractice Lawsuit, Part 5 of 5 " »

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

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

7. Defendant's expert radiologist, Dr. Greene, who opined that casting did not prevent injury once the breakage of bones started, was not a qualified expert in orthopedics. Additionally, she was a non-treating radiologist whose opinion was discredited at trial when she testified that she did not know, in forming her opinion, if the patients whose x-rays she reviewed had been casted. Consequently, her testimony is legally insufficient to rebut the testimony of Plaintiffs expert orthopedic surgeon.

8. Based on the evidence at trial, including the testimony of the experts, and the x-rays, there can be no cause for Plaintiffs injuries other than the negligent care she received during her May 2009 hospitalization at defendant Regents hospital. The admitting x-ray was misread, and the early acute phase of Charcot clearly visible in the navicular bone, was missed. Therefore, the medically necessary treatment of protecting the foot until the time limited Charcot process quieted down was not provided.

Compounding these errors, Plaintiff was told by defendant doctors and other defendant Regents' employees to walk the long corridor on an unprotected foot during the acute phase. With each step, more bones were breaking and joints were dislocating. These facts, supported by substantial testimony, were uncontroverted.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Sacramento Orthopaedic Patient Seeks Damages In Medical Malpractice Case, Part 4 of 5 " »

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

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

Plaintiff presents the following specific arguments and facts in support of her motion for judgment notwithstanding the verdict:

1. On June 8, 2011, the jury found that two physicians employed by defendant Regents of the University of California were negligent in their medical treatment of Plaintiff during her May 2009 hospitalization at the University Medical Center Hospital for her Charcot Foot ("Charcot's").

2. In evaluating testimony, the standard of medical care can be proven only through expert testimony. Landeros v. Flood (1976) 17 Cal.3d 399,410. The expert orthopedic surgeon called by Plaintiff, Dr. Morgan Lee, was the only expert witness qualified by his practice to present testimony regarding the treatment of Charcot Foot, except Dr. Lopez who agreed that the only way to prevent ongoing collapse of the bones in the foot was by placing the foot in case.

3. Dr. Lee testified that the negligence of the University doctors in failing to timely cast, boot and otherwise protect Plaintiff's left foot during the acute phase of Charcot's, directly caused the injuries she suffered while an inpatient at the University Medical Center Hospital in May 2009. This testimony was uncontroverted.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading " Negligent Orthopaedic Care Results In Catastrophic Injury To Sacramento Woman, Part 3 of 5 " »