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 San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
(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.)
The plaintiffs’ orthopedic surgery expert testified that the strong statistical probability was that some additional improper movement at the hospital (before surgery) caused the spinal cord injury, and if Katlyn had movement of her legs when she arrived at the hospital she should have continued to have that movement if the appropriate precautions were taken. The expert added that a verbal order was insufficient, and that regardless, there was no proper documentation by the nurses that there even was a voiced request for lumbar or thoracic spinal precautions when Melon removed the cervical spinal precautions in the emergency room.
Melon countered that he provided appropriate care at all times, that Katlyn’s injuries at L2-3 and T-10 were caused solely by the automobile accident, and that nothing could have been done to Katlyn at the hospital that could have prevented her paraplegia. Melon further contended that he gave verbal orders to put spinal precautions in place, and that it was custom and practice for the trauma team to do so in situations like Katlyn’s.
The defense’s trauma surgery expert claimed that the medical record did not document any improper movements in the hospital, and that a verbal order, as testified to by Melon, would be sufficient to comply with the standard of care for a trauma surgeon.
The neuroradiology expert for the defense opined the subsequent imaging (there was no MRI done before the abdominal surgery) supported his opinion that the spinal injuries occurred in the auto accident.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The defense’s neurosurgery expert claimed that it was not at all inconsistent for the spinal cord injury to have a delayed onset of symptoms, because the injury was not a transection of the cord but a contusion to it.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.