Facts

In 2009, Dennis Cranford underwent an outpatient hemorrhoidectomy performed by Dr. Makala Reddy at Victor Valley Community Hospital. Days later he was admitted for severe rectal pain and urinary retention. He subsequently developed severe anal stenosis, scar tissue that caused narrowing of his anal canal preventing normal elimination of feces. The stenosis was so severe that a gastroenterologist was unable to insert the tip of a colonoscope. Serial anal dilations failed to provide permanent relief.

Cranford underwent reparative rectal surgery at the Loma Linda University Medical Center, which provided considerable resolution, but his rectal problems continued for two more years. A second surgery was performed in 2011 which provided very substantial resolution.

Cranford sued Reddy alleging surgical error and lack of informed consent. He claimed that he was never informed of the risk of anal stenosis, which he would not have accepted. Reddy argued that Cranford's stenosis was not the result of excessive tissue being removed, as Cranford claimed, but due to an undocumented anal fissure and the patient's inappropriate use of strong laxatives and a natural propensity to develop scar tissue.

Damages

Cranford sought $250,000 in general damages (the maximum permitted under MICRA) and recovery of his out-of-pocket medical expenses, along with an Award (to be based on information the parties would receive from Medicare) of the Medicare lien – to be paid to Medicare - pursuant to Federal Law.

Injuries

Anal stenosis and stricture.

Result

The arbitrator found in favor of the defense.