(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
June 28,2006: Hemorrhagic Shock and Cardiac Arrest
On June 28th, plaintiff’s blood pressure again dropped and he was diagnosed with another massive abdominal bleed. A central venous catheter was placed in his groin by Dr. Stuart. A third emergency surgery was performed by Dr. Green, Dr. Smith and Dr. Lee. A major hemoperitoneum was discovered with over five liters of blood intraperitoneally in the abdomen. It was not until the surgery on the 28th that Dr. Smith and Dr. Lee finally discovered the source of bleeding, a laceration at the posterior aspect of the a bifurcation and an associated kissing laceration of the left common iliac vein. The two lacerations were repaired and the abdomen was left open. Two days later, another laparotomy was performed and plaintiff’s abdomen was closed.
What was thought to be an outpatient procedure turned into a 35-day stay in ICU with multiple complications and two near death experiences. Plaintiff was finally released from the hospital on July 21, 2006, totally disabled.
SUMMARY OF ARGUMENT
Defendant, Dr. Lee’s Motion for Summary Judgment must be denied based upon the following:
1) Defendant has failed to meet his burden of proof, the evidence presented does not preclude the trier of fact from finding that it was more probable than not that his treatment fell below the standard of care;
2) Assuming for argument’s sake that this Court finds that Dr. Lee has met his initial burden of proof, Plaintiff has demonstrated the existence of a triable issue of material fact as negligence and causation; and,
3) Plaintiff’s injury is not the type that occurs absent negligence on the part of the Defendants thus, the burden of proof shifts to Dr. Lee to come forward with evidence to disprove his negligence. (See Part 5 of 11.)
For more information you are welcome to contact personal injury lawyer, Moseley Collins.