Mr. Smith is divorced. He has four living children. Twenty years ago, in 1984, he suffered a criminal felony conviction for violation of penal code section 288a(b)2, lewd or lascivious acts involving children.
IV. THE WOUND THAT WOULD NOT HEAL
A. Dr. X., M.D.:
Dr. X’s records state that he began treating William Smith on September 16, 1999, for excision of a skin cancer on Mr. Smith’s upper back. The cancer was excised by Dr. X. on October 5, 1999.
On October 12, 1999, Mrs. Smith called Dr. X’s office stating “excision site looks infected.” On October 13, 1999, Dr. X’s nurse recorded “site is red and painful. I think it’s infected, patient states.”
Dr. X’s records are poor with little documentation. He rarely recorded his observations and rarely recorded performing physical exams.
The report of an infection on Mr. Smith’s upper back wound would prove prophetic of the lower back infection which is the subject of this lawsuit.
Later that year (his records are minimal); Dr. X. performed an excision on a basal cell skin carcinoma on Mr. Smith’s lower back. This is the wound that would not heal. It is the subject of this lawsuit.
On December 17, 1999, Mr. Smith was seen by Dr. W., M.D., a radiation oncologist, for radiation treatment of the low back site where Dr. X. had performed the excision. Mr. Smith underwent a course of radiation treatments on the area. Dr. W. advised Dr. X. that there was a “risk of wound…infection” (written report to Dr. X. dated December 17, 1999). (See Part 4 of 23.)
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