(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 submits the following Memorandum of Points and Authorities in Opposition to James Lee, M.D.’s, Motion for Summary Judgment.
Plaintiff’s complaint consists of two causes of action: one for medical malpractice, and another for failure to give informed consent. The medical malpractice arises from multiple injuries sustained during a cholecystectomy surgery on June 16, 2006. Defendant Dr. Lee filed the instant Motion for Summary Judgment, or in the Alternative for Summary Adjudication. Dr. Lee has attempted to show that he met the standard of care, was not negligent and did not cause plaintiff’s resulting injuries.
Dr. Lee filed one declaration in support of is motion, the declaration of Robert White, M.D. However, Dr. White’s declaration fails to address the issue of Dr. Lee’s duty to adequately inspect, discover and repair the source(s) of Plaintiff’s continued abdominal bleeding. As such, Dr. Lee has failed to meet his prima facie burden of proof to show the nonexistence of any triable issue of material fact. Even assuming that Dr. Lee met his initial burden, plaintiff now provides an expert declaration that supports a finding of triable issues of material facts as to the breach of the standard of care by Dr. Lee.
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.; Mr. Black was to be released the same day.
Defendant Dr. Green chose to do the surgery using a laparoscopi technique which necessitated the use of a Verrees needle to gain access of the abdominal cavity, and a trocar, sharply pointed instruments used to puncture the peritoneum for placement of the cannulas. However, following the placement of the trocar a significant amount of clotted blood was found pooling in the pelvis area.
Dr. Green urgently called upon Trauma/Vascular surgeon, Defendant Michael Smith, M.D., to assist in locating the bleeding site(s). But, before he opened the abdomen to search for the bleeding sources he finishe the cholecystectomy. Dr. Smith’s partner, Dr. Lee was present at the first in a serie of emergency surgeries, but did not participate in the initial surgery. The following is a brief chronological summary of the injuries sustained by plaintiff. (See Part 2 of 11.)
For more information you are welcome to contact personal injury lawyer, Moseley Collins.