Facts

Lindsey Barr sued Douglas Cook M.D., Yemelyan Spivak M.D., and Adventist Medical Center of Selma, involving allegations of medical malpractice.

PLAINTIFF'S CONTENTIONS:
On May 9, 2009, plaintiff presented to the emergency room at defendant hospital with stomach issues. The attending doctor performed an ultrasound and confirmed plaintiff had gallstones. The doctor recommended surgery, but plaintiff refused to undergo surgery. She later went to her primary care doctor, who then referred her to defendant Spivak. Spivak also diagnosed her with gallstones and recommended she undergo laparoscopic gallbladder surgery. Plaintiff agreed to undergo the procedure and presented to the hospital on May 28 to undergo gallbladder surgery to be performed by Cook. Cook and Spivak were colleagues. However, Cook encountered issues with adhesions on plaintiff's gallbladder so Cook had to remove some cystic ducts and a cystic artery before removing plaintiff's gallbladder. A pathology report later indicated that no gallstone were present in plaintiff's gallbladder. Plaintiff followed up treatment with Spivak. Plaintiff continued to experience abdominal pain. A CT scan later indicated that plaintiff had a "shrunken gallbladder" that had two stones, small in size. Plaintiff's last visit to Spivak's office was in June 2009.

On March 26, 2014, plaintiff presented to the emergency room at another hospital with complaints of sharp and severe abdominal pain. An ultrasound revealed that plaintiff had a remaining gallbladder. Her doctor recommended removal of the remnant, which was then performed the next day. Thereafter, plaintiff sued defendants, alleging that Cook's failure to remove her gallbladder entirely constituted medical malpractice.

DEFENDANTS' CONTENTIONS:
Cook contended that, after removing plaintiff's gallbladder, he watched for any excessive bleeding before closing plaintiff up. Observing no excessive bleeding, Cook concluded the surgery and noted no complications during the operation. Cook maintained the care he rendered fell within the standards of care. He also maintained that he was extra cautious with plaintiff's surgery.

Settlement Discussions

Barr made a CCP 998 demand of $69,000, which defendants countered with a CCP 998 offer for waiver of costs.

Damages

Barr sought between $300 to $1,000 in economic damages and an unspecified amount for noneconomic pain and suffering damages.

Injuries

Barr had to undergo a second surgery to remove remnants of a previously removed gallbladder.

Result

The jury rendered a verdict against Barr, finding Cook not negligent.