Facts

Plaintiff Pattiann Garcia, a diabetic, underwent a liposuction procedure with defendant Lawrence Saks, M.D. She suffered a Staph infection. Pattiann sued for medical malpractice and fraud for alteration of medical records (which was later ruled to be a part of the medical malpractice claim). Her husband, plaintiff Mike Garcia, sued for loss of consortium.

PLAINTIFFS CONTENTIONS:
Pattiann alleged that Dr. Saks failed to warn her of the risks, including infection, inherent in a liposuction procedure to a diabetic. Post-liposuction, Dr. Saks failed to recognize and treat clear signs of Staph infection in Pattiann's back and flanks. He also failed to treat properly Pattiann for over two months after signs and symptoms of infections arose. The plaintiffs also contended that the defendant altered his medical records after he received notice of a potential litigation. DEFENDANT

Pattiann alleged that Dr. Saks failed to warn her of the risks, including infection, inherent in a liposuction procedure to a diabetic. Post-liposuction, Dr. Saks failed to recognize and treat clear signs of Staph infection in Pattiann's back and flanks. He also failed to treat properly Pattiann for over two months after signs and symptoms of infections arose. The plaintiffs also contended that the defendant altered his medical records after he received notice of a potential litigation. DEFENDANT CONTENTIONS:
The defendant contended that Pattiann's infection was caused by another event. He also alleged that he warned Pattiann of the inherent risks of liposuction to diabetics and did not breach the standard of care. He denied altering any medical records.

Settlement Discussions

The defendants made a C.C.P. Section 998 offer of $29,999 to Pattiann. Prior to trial, Pattiann demanded $280,000 (C.C.P. Section 998); Mike demanded $75,000 (C.C.P. Section 998).

Injuries

Pattiann underwent skin graft surgeries and numerous surgeries for removal of skin tissues. She also suffered a Staph infection. Mike claimed loss of consortium.

Result

The arbitrator, the Hon. Steven J. Stone (Ret.), awarded Pattiann $250,000 (MICRA cap) for pain and suffering; $41,541 for economic damages; and $78,500 in litigation costs. Mike was awarded $250,000 (MICRA cap) for loss of consortium. TOTAL AWARD: $620,041.

Other Information

The arbitrator ruled that the plaintiffs' fraud claim was part of their medical malpractice action.