Personal Injury Lawyer Blog
The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. 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 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.)
INJURIES: Rutters claimed that the surgical resident performed the banding procedure negligently, causing him excruciating pain. During a hemorrhoidectomy April 13, Rutters was placed in lithotomy position, which was lying on his back with his legs elevated in candy cane stirrups. Following the surgery, he claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.
Facts:
On April 5, 2006, plaintiff Herman Rutters, 35, a master diesel mechanic, underwent a hemorrhoidbanding procedure at Kaiser Permanente in San Diego. The procedure was performed by a third-year surgery resident from the University of California-San Diego.
Rutters underwent a surgical hemorrhoidectomy April 13. During the hemorrhoidectomy, he was placed in lithotomy position, which was lying on his back with his legs elevated in candy cane stirrups. Following the surgery, Rutters claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.
Rutters sued Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group. He alleged that he received negligent treatment.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Rutters contended that the surgical resident failed to meet the standard of care by negligently performing a banding procedure by improperly banding an external hemorrhoid, causing it to become thrombosed. He argued that regardless of whether the surgical resident met the standard of care, something “negligent” must have occurred during the hemorrhoidectomy surgery that caused hisherniated disc. He asserted liability based on claims of professional negligence and the legal doctrine of res ipsa loquitur.
The respondents contended that the surgical resident met the standard of care during the performance of the April 5 banding procedure. They further contended that the surgeon and the operating room staff involved with the April 13 hemorrhoidectomy complied with the standard of care and that Rutters did not suffer a herniated disc during that surgery. They contended that even if Rutters suffered a herniated disc during the hemorrhoidectomy surgery, it was not due to any negligence on the part any of the operating room staff.
Rutters was treated with physical therapy, epidural spinal injections and other conservative treatment. He was referred to a neurosurgeon and underwent spine surgery in December 2006. Rutters initially showed some improvement but then relapsed and was ultimately diagnosed with failed back surgery syndrome. He never returned to work and claimed that he has been unable to perform any strenuous physical activity.
Rutters sought damages for pain and suffering, loss of earnings and other incidental expenses.
The respondents contended that Rutters should have been able to return to work within six to 12 months of his spine surgery in December 2006 and that Rutters, after undergoing a work hardening program and being weaned off narcotic pain medication, should be able to return to work doing light work activities.
Rutters’s wife, Victoria Rutters, had a claim for loss of consortium.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.