Abelardo Jimenez, Clara Jimenez v. Sohail Ahmad
Published: Aug. 5, 2003 | Result Date: Mar. 14, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC268528 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ilan Tamir
(medical)
David Edelman
(medical)
Benjamin C. Tam
(medical)
Defendant
Arthur P. Kowell M.D., Ph.D.
(medical)
Thomas P. Knapp
(medical)
Facts
On Jan. 23, 1986, the plaintiff underwent surgery at Beverly Hospital for an impingement syndrome of his left shoulder. In March 2001, the plaintiff fell and injured his left shoulder, which was initially reduced in the ER and then presented to Dr. Chien at Health Care Partners who diagnosed the plaintiff with a left shoulder dislocation and fracture. The plaintiff had a significant pre-existing medical history including insulin dependent diabetes, long-standing chronic obstructive pulmonary disease, and a long history of back problems. The defendant, Dr. Sohail Ahmad, first met with the patient on or about March 21, 2001 and after looking at the x-rays recommended that the plaintiff undergo arthroscopy. However, the plaintiff was not cleared for anesthesia so he did not go forward with the procedure. Then on March 26, 2001, Dr. Ahmad performed open reduction and internal fixation of the plaintiff's left shoulder fracture as well as rotator cuff repair. The prognosis was somewhat diminished since the surgery took place 13 days after the injury. The plaintiff returned to see Dr. Ahmad on April 5, 2001 for a check-up and an x-ray revealed superior migration of the plaintiff's greater tuberosity fracture and increased displacement of his fracture site. The two options for the plaintiff were to either continue with the post-operative course or to go though a new operation and intervention. Dr. Ahmad recommended a repeat operation for fixation of the greater tuberosity and rotator cuff which the plaintiff agreed to. The plaintiff was re-operated on April 11, 2001, during which he incurred a fracture to the left humerus. This occured during an external manipulation of the bone in attempt to remove bony fragment which were difficult to reach. Dr. Ahmad did not anticipate significant clinical residual effects because it was a "clean" spiral fracture. The plaintiff returned to the clinic for several weeks after the surgery and Dr. Ahmad noted that the patient was healing properly. After missing several appointments, Dr. Ahmad called the plaintiff because he was concerned and the plaintiff's wife informed him that her husband was now visiting another orthopedic surgeon. On May 15, 2001, the plaintiff visited Dr. Tam who diagnosed the patient with a healing left mid-shaft humerus fracture and that the patient was status post left shoulder fracture dislocation. The patient was examined on June 12, 2001 because of swelling in his left wrist and hand as well as pain with attempted passive flexion or extension. The plaintiff returned to Dr. Tam on July 10, 2001 and was diagnosed with left hand swelling, pain and stiffness, possibly secondary to reflex sympathetic dystrophy. Dr. Tam was unclear as to why the patient had such significant swelling and stiffness in the fingers. On Sep. 7, 2001, the plaintiff met with Dr. Tam and x-rays revealed a slightly displaced humeral shaft fracture with evidence of bridging callous formation. The fracture had not fully consolidated at that time. Dr. Tam recommended that the patient continue with aggressive physical training. The plaintiff was then diagnosed with a healing left humeral shaft fracture and left brachial plexopathy. According to Dr. Tam, it was unclear whether this was the result of the plaintiff's multiple shoulder procedures or the result of his original injury. The last record of Dr. Tam's notes shows that he diagnosed the plaintiff with a healed left humeral shaft fracture, left brachial plexopathy and residual left shoulder wrist and finger stiffness. Occupational therapy was again recommended and Dr. Tam indicated that he believed the patient would have a permanent disability.
Injuries
Broken left humerus, peripheral neuropathies, brachial plexopathy and permanent disability.
Poll
10-2
Length
five days
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