Personal Injury 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.)
They further claimed that this condition required the procedure to be performed slowly and methodically, using a sternal saw halfway through the sternum and then using manual tools such as electro-cautery, heavy scissors or surgical chisel. They also argued that the plaintiff’s groin should have been pre-surgically prepared for an emergency bypass in case of emergency. They claimed that the defendant failed to do these things, which they asserted would have prevented the laceration from occurring, or at least lessened the degree of injury and prevented severe brain injury from occurring.
The plaintiff cardiac expert opined that the surgeon moved too quickly, and not carefully, awing into the aorta approximately 10 minutes into surgery, which he opined was about half the time it would take to have performed carefully.
The surgeon testified that while he had no specific recollection of any portion of the surgery, he had performed the procedure carefully and had never before in his career entered a patient’s aorta.
The defense surgery expert testified that entering the aorta is a known complication of the procedure and can happen despite incompliance with the standard of care.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The final surgery phase was completed and his heart functions normally, but he has the mental capacity of a one-to-two-year-old. He is unable to speak, walk, sit-up independently or feed himself.
The parents sought $250,000 in pain and suffering, $110,000 to satisfy a Medi-Cal lien, $19.3 million for future medical costs and $1.25 million in future lost earnings.
SUMMARY:
RESULT: Mediated Settlement
Award Total: $3,750,000
The parties settled pretrial, at their second mediation conference, for $3.75 million.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.