Posted On: April 2, 2012 by Moseley Collins

Kaiser Sued After Man Suffers From Herniated Disc Post Surgery, Part 2 of 2

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. 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 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.)

He argued that regardless of whether the surgical resident met the standard of care, something “negligent” must have occurred during the hemorrhoidectomy surgery that caused his herniated disc. He asserted liability based on claims of professional negligence and the legal doctrine of res ipsa loquitur.

The respondents contended that the surgical resident met the standard of care during the performance of the April 5 banding procedure. They further contended that the surgeon and the operating room staff involved with the April 13 hemorrhoidectomy complied with the standard of care and that Rory did not suffer a herniated disc during that surgery. They contended that even if Rory suffered a herniated disc during the hemorrhoidectomy surgery, it was not due to any negligence on the part any of the operating room staff.

Rory was treated with physical therapy, epidural spinal injections and other conservative treatment. He was referred to a neurosurgeon and underwent spine surgery in December 2006. Rory initially showed some improvement but then relapsed and was ultimately diagnosed with failed back surgery syndrome. He never returned to work and claimed that he has been unable to perform any strenuous physical activity.

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

Rory sought damages for pain and suffering, loss of earnings and other incidental expenses.

The respondents contended that Rory should have been able to return to work within six to 12 months of his spine surgery in December 2006 and that Rory, after undergoing a work hardening program and being weaned off narcotic pain medication, should be able to return to work doing light work activities.

Rory's wife, Vania Rory, had a claim for loss of consortium.

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