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, 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 case and its proceedings.)
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
Plaintiff fractured her left wrist in an ATV accident on December 22, 2008. She claims that moving defendant, Dr. Smith fell below the standard of care in his care and treatment of plaintiff and that he caused or contributed to her alleged injuries.
For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.
STATEMENT OF FACTS
Plaintiff, Anna Brown’s prior medical records reflect that she had pre-existing symptoms and complaints of the left upper extremity following a skydiving accident and breast reconstructive surgery. In fact, plaintiff was apparently totally disabled and on disability.
On or about December 22, 2008, plaintiff was involved in an ATV accident at which time she fractured the left distal radius. She was initially treated at Universal Hospital and instructed to follow up with an orthopedic specialist in the Sacramento area. Plaintiff presented to the Orthopedic Institute the following day on December 23, 2008, at which time she was evaluated by Donald Ward, M.D. During that visit, plaintiff related that on December 22, 2008, while at the beach and riding an ATV quad motorcycle, she tried to use the brake but her left hand could not grip due to prior nerve damage and breast reconstruction.
According to the records, she stated that approximately in September 2002, she underwent surgery in the form of a mastectomy, which had caused radial nerve damage in the left arm. Dr. Ward recommended to plaintiff that she have her wrist independently evaluated by one of their hand surgeons and she was given an appointment to see David Li, M.D. on January 29th in San Jose.
On December 24, 2008, plaintiff presented to Robert Stein, M.D,. at The Hand Center. The Patient Information sheet notes patient is a physical therapist – not working at this time. Dr. Stein recommended reducing the fracture and repairing with hardware and possible open reduction internal fixation. Plaintiff understood and agreed to have the surgery, however, on December 30, 2008, it was noted that the patient canceled the surgery. (See Part 3 of 8.)
For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.