San Jose 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.)

CAUSATION

As discussed above, the type of injuries suffered by plaintiff do not occur in the absence of negligence. It is undisputed, even by defendants own experts that one, some, or all, of the defendants caused plaintiff's injuries. Dr. Stanley Kim, who was retained by Dr. Green testified at deposition:

Q: So more probable than not that an instrumentality under the exclusive control of Dr. Green, Dr. Smith, Dr. Lee or Dr. Stuart caused the injury to the bifurcation of the aorta, correct?
A: Yes.

DR. GREEN

Dr. Green's placement of the first trocar or Veres needle during the initial surgery caused multiple vascular injuries, including a laceration to the left iliac vein, a laceration to the mesentery and small bowel. Dr. Green was below the standard of care in causing these injuries.

Dr. Kim, Dr. Green's retained expert, testified these injuries are not suppose to happen.

Q: you're not suppose to injure the vein, are you?
A:. No.
Q: You're not suppose to injure the mesentery, correct?
A: No. That's not the intent of the operation.
Q: And you're not suppose to injure the bowel correct?
A: That's correct.

The same response was given for the injuries to the mesentery and the bowel.

Dr. Kim confirmed these injuries were caused by Dr. Greenu's placement ent of the trocar
Q: Tell me how the vein injury was caused.
A: Most likely be the insertion of the trocar.

Continue reading " Multiple Surgical Errors Leave San Jose Man Disabled, Part 6 of 8 " »

(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

Liability is clear. During the course of the cholecystectomy and the subsequent treatment by the defendants in this matter, plaintiff sustained the following injuries: 1) laceration of the left iliac vein, 2) laceration of the mesentery, 3) small bowel perforation, 4) a posterior laceration of the bifurcation of the abdominal aorta, and 5) an anterior wall laceration of the left iliac vein. These iatrogenic injuries (instrument caused) do not occur absent someone's negligence.

Although all the defendants in this case deny their own culpability for injuries to the aorta and adjoining iliac vein, each admits that all injuries were iatrogenic and they had to be caused by one of them. As set forth more fully in the motion filed concurrently herewith, plaintiff is entitled to a res ipsa loquitur presumption and the burden must shift to the defendants to produce evidence which establishes they did not cause one, or any, of plaintiff's injuries.

THE SECOND ACT OF NEGLIGENCE IS A SECOND CAUSE OF ACTION

Although plaintiff suffered multiple injuries when Dr. Green placed the original trocar in the iliac vein, the mesentery and the small bowel, which commutatively giv e rise to one general damage award of the $250,000 MICRA cap, Plaintiff suffered two totally separate injuries from potentially separate acts of negligence giving rise to a second and third $250,000 cap. Indeed had Plaintiff so chosen he could have brought a separate lawsuit for the injury to his abdominal aorta and for the left iliac vein. See (Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848,1854. Each time a separate and distinct wrongful act causes this injury a separate cause of action arises because a separate right has been violated.)

Continue reading " Medical Malpratice By San Jose Doctors Leaves Man Disabled, Part 5 of 8 " »

(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.)

June 28, 2006: Hemorrhagic Shock and Cardiac Arrest

On June 28th, Plaintiffs blood pressure again dropped. Right femoral and venous lines were placed in his groin by Dr. Stuart. A third emergency surgery was performed by Dr. Green and Dr. Smith. A major hemoperitoneum was discovered with over five liters of blood intraperitoneally in the abdomen. It was not until the surgery on the 28th that Dr. Smith and Dr. Green finally discovered the source of bleeding, two totally separate injuries, a laceration at the posterior aspect of the aortic bifurcation and an associated kissing laceration of the left common iliac vein. The two lacerations were repaired and the abdomen was left open.

These injuries were four to five centimeters away from the first series of injuries. Two days later, another laparotomy was performed and plaintiff's abdomen was closed. These newly discovered injuries could have been caused from two separate events and certainly were caused by separate instrumentalities then that which lacerated plaintiff's iliac vein, mesentery, and small bowel on June 16th. As such, they are subject to two additional general damage recoveries, each in a separate amount not to exceed $250,000.

What was thought to be an outpatient procedure turned into a 35-day stay in ICU with multiple complications, two near death experiences and months of recuperation. Plaintiff was finally released from the hospital on July 21, 2006, totally disabled. (See Part 5 of 8.)

Continue reading " San Jose Man Almost Dies Due To Surgical Malpractice, Part 4 of 8 " »

(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.)

Gastroenterologist, Sandrina Ward, M.D. performed an emergent upper endoscopy to determine the etiology of the gastrointestinal bleeding. Dr. Ward ruled out any source of bleeding in the upper gastric tract that could account for the amount of blood or account for the fluid in plaintiff's abdomen.

As a result of the abdominal bleed, plaintiff suffered an abdominal compartment syndrome and went into respiratory arrest, CPR was performed, and he was errergently taken to the operating room where Dr. Green and Dr. Lee performed a laparotomy (opening of his abdomen). Dr. Green discovered a large hemoperitoneum, an enteral defect in the small bowel interloped mesenteric interstices caused during the first surgery. Neither Dr. Green nor Dr. Smith identified the bowel injury during the original surgery on June 16th although it was present. To not identify same was negligent. The failure to identify and repair the hole in plaintiff’s bowel may be a separate and distinct injury giving rise to a separate cause of action and a cap on general damages of $250,000.

Following the repair to the small bowel, plaintiff’s abdomen was left open. Two days later, on June 26th, Dr. Green inspected and closed the abdomen. Dr. Green failed to identify any additional sources of bleeding.

As the vascular surgeon taking part in the laparotomy on the 24th, Dr. Lee was responsible for determining the source of the massive hemorrhage, including rulding out injury to the abdominal aortic bifurcation and the anterior wall of the left common iliac vein.

Continue reading " San Jose Physicians Sued After Patient Suffers Cardiac Arrest, Part 3 of 8 " »

(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.)

June 16, 2006: Initial Surgery

Dr. Green's placement of the first trocar or Veress needle caused multiple vascular injuries, including a laceration to the left iliac vein, requiring immediate repair by a vascular surgeon. As a result, Dr. Smith identified and repaired a 0.5 cm laceration to the left common iliac vein. During the course of the repair to the iliac vein, Dr. Smith placed DeBakey clamps in the area of the bifurcation of the abdominal aorta. As a vascular surgeon, Dr. Smith had the duty and the obligation to inspect the area and discover any additional sources of injury or bleeding. This would include inspecting the aortic and iliac vessels to rule out a more deep and penetrating vascular injury from the trocar. Dr. Smith claims that as of his surgery on June 16th there was no separate injury to the bifurcation of the abdominal aorta and no injury to the iliac vein in that area

Dr. Green and Dr. Smith examined the peritoneal cavity for other area; of injury. Dr. Green and Dr. Smith inspected the small bowel and mesentery and found a laceration to the mesentery. The third injury to the small bowel was missed. Plaintiff's surgical site was closed and he was transferred to Universal Hospital.

June 19, 2006: Respiratory Failure

Three days after the original surgery, plaintiff was in respiratory distress. A CT pulmonary angiogram was performed which revealed a large right pulmonary arterial embolus. The following day, Defendant Dr. Stuart began treating Plaintiff for respiratory failure and complications of aspiration pneumonia and pulmonary embolism.

Continue reading " San Jose Vascular Surgeon Botches Gallbladder Surgery, Part 2 of 8 " »

(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 SEAN BLACK’S TRIAL BRIEF

THE PARTIES

Plaintiff: Sean Black, date of birth: XX/XX/1969.

Defendants: Owen Green, M.D., General Surgeon; Michael Smith, M.D., Vascular Surgeon; James Lee, M.D., Vascular Surgeon; Paul Stuart, M.D., Interventional Radiologist and Pulmonologist.

Injuries: Laceration of the left iliac vein, laceration of the mesentery and small bowel perforation, posterior laceration of the bifurcation of the abdominal aorta and, an anterior wall laceration, residual injuries including pulmonary embolism, respiratory arrest, massive abdominal bleed, cardiac arrests, and abdominal compartment syndrome.

Past Medical Bills: $651,150.12 (Approx.)

Future Medical Care: Monitoring of Deep Vein Thrombosis and potential surgery.

Wage Loss: $14,636.80, plus sick leave and annual leave earnings for the same of earnings: time frame.

General Damages: $750,000.00

STATEMENT OF FACTS

On June 16,2006, Plaintiff went to the Universal Surgery Center to have his gallbladder removed, also known as a "cholecystectomy." This was supposed to be a routine procedure performed by general surgeon Owen Green, M.D.

Continue reading " San Jose Surgeons Sued For Malpractice, Part 1 of 8 " »