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Personal Injury
Medical Malpractice
Failure to Treat

Vladimir Nakhabenko v. Eric D. Morse, M.D., Mercy Medical Group, and Does 1 through 25, Inclusive

Published: Sep. 10, 2016 | Result Date: Jun. 14, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2011-00104591-CV Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

Cecilia L. Martin


Defendant

Bruce E. Salenko
(Low McKinley Baleria & Salenko LLP)

Preston Robert Young


Facts

Plaintiff Vladimir Nakhabenko, 52, was diagnosed with a hernia near his groin. Dr. Eric Morse, a general surgeon, performed a left inguinal hernia repair with mesh on plaintiff. Three days later, plaintiff went to the emergency room with complaints of swelling and pain in his left testicle and scrotal area. He was evaluated by Dr. David Magnus. Ultimately, plaintiff's left testicle atrophied and he underwent an orchiectomy to have it removed. He sued Dr. Morse, Dr. Magnus, and others for medical negligence. Dr. Magnus died prior to trial. Trial proceeded against Dr. Magnus' estate and Dr. Morse only.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Dr. Morse and Dr. Magnus failed to inform him of his options regarding how to best treat his testicular condition, and that this failure was medical malpractice.

DEFENDANT'S CONTENTIONS:
Defendant contended that the treatment they provided plaintiff complied with the standard of care.

Result

The jury returned a unanimous defense verdict.

Other Information

FILING DATE: June 8, 2011.


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