Woman Claims Medical Malpractice Lawsuit on San Francisco Doctor, Part 4 of 4

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.)

Defendant contended that he met the standard of care in all aspects of his care and treatment. The injuries claimed by plaintiff were known complications of surgery. It was not uncommon for subarachnoid shunts to displace after surgery, requiring further surgery to reposition them. Defendant did not make any guarantees of success before informed consent was obtained. He also obtained informed consent, as evidenced by two separate informed consent forms signed by plaintiff, one signed weeks before the surgery occurred. Defendant further contended that plaintiff was able to function at a much higher level than she claimed, as demonstrated by sub rosa video obtained of her walking without her walker and bending over to pick up sticks in her yard while fully bearing weight on both legs. Defendant contended that most of plaintiff’s physical symptoms were a result of a psychological somatoform disorder.


According to Defendant: Plaintiff Ruth Clementine: Pain and paralysis in the left, lower extremity, loss of sensation in the left leg and buttocks, constant pain, tingling and heaviness of the leg, and lack of bladder control. She claimed she was unable to walk with or without an assistive device, suffers from permanent physical impairments, and continues to suffer from debilitating pain in her left leg. Plaintiff Calvin Clementine: Loss of comfort and affection.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.


According to Defendant: Plaintiff Ruth Clementine claimed that, due to mobility problems, her home must be remodeled to accommodate her wheelchair, and that she needs full-time attendant care. She further claimed that, as a result of her injuries, she can no longer work and was forced to leave her job as an assistant controller at a local car dealership. Plaintiffs asked the jury to award: $3,770,000 economic damages ($570,000 past and future loss of earnings and $3,200,000 future medical care), $2,250,000 ($2,000,000 past and $250,000 future), and $350,000 loss of consortium damages to Calvin Clementine.


According to Defendant: Demand: $6,000,000, lowered to $2,000,000 at the Mandatory Settlement Conference. Offer: $1,000,000.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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