The following blog entry is written to illustrate an example of a medical malpractice case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. 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, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial 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.)
INJURIES: Jermaine claimed he sustained radial nerve damage in his dominant, left arm, as a result of the surgery performed by Euick. He claimed he suffers intractable neuropathic pain, as well as motor loss, in the arm. Jermaine has been on constant pain medication since the surgery.
Facts:
On July 21, 2006, plaintiff John Jermaine, 42, a heavy-equipment operator, underwent surgery to have what was diagnosed as a benign mass removed from his upper left arm. The surgery was performed by Dr. Jeffery Euick, who Jermaine was referred to by his general practitioner, and took place at San Francisco Hospital in San Francisco.
After surgery, Jermaine claimed he experienced muscle weakness and severe nerve pain. The mass was later diagnosed as a leiomyosarcoma, or a cancerous tumor. Jermaine underwent a subsequent surgery at UCLA Medical Center to excise further along the margins of the removed tumor.
Jermaine sued Euick and his employer alleging medical malpractice. He accused Euick of negligent treatment and claimed he failed to properly test and diagnose his cancerous tumor. He alleged his employer was vicariously liable for Euick’s actions.
Jermaine claimed Euick was negligent for failing to order and obtain a pre-operative MRI for surgical planning and for proceeding with a surgery that was more difficult than expected. He alleged Euick failed to diagnose the tumor as malignant, and should have performed a more timely biopsy, before the surgery. Jermaine further claimed that Euick was in way over his head, and that he should have been referred to an oncologic surgeon at a specialty hospital or tertiary center.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Euick contended that he provided appropriate care, and that any residual nerve deficit was an accepted risk of surgery. He claimed that even if Jermaine was initially diagnosed with a malignant tumor, the surgery to remove the mass would take on the same risk.
Jermaine missed one year of work following the surgery, and claimed he had to take a less physically demanding position as a supervisor, which paid less money than his previous job. He said the arm injury made it difficult to sleep, and that he could no longer coach his four kids in sports. Jermaine also claimed he was worried he’d lose his job due to his constant medicating. He asked the jury for $620,000 in damages for past and future medical costs, lost earnings and pain and suffering.
The defense did not contest Jermaine’s radial nerve damage injury.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.