Michael Dufour v. Herve Dumont
Published: Feb. 24, 2004 | Result Date: Jan. 12, 2004 | Filing Date: Jan. 1, 1900 |Case number: RIC356854 Verdict – $80,000
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Michael M. Berger
(Manatt, Phelps & Phillips LLP )
Defendant
Facts
In May 2000, the plaintiff Michael Dufour, then aged 55, experienced feelings of chest discomfort while mowing his lawn. He was immediately seen by a cardiologist who performed an angiogram which did reveal areas of stenosis or narrowing of the arteries. After completion of that procedure, the plaintiff was provided with a surgical consultation for coronary bypass surgery from Alan Malki, M.D. At that time, Dr. Malki explained in depth the benefits and the advantages of using arteries for graft donors instead of veins and stated that radial arteries would allow for a lifetime of use whereas saphenous veins would need to be replaced within a 10-year time frame. Taking into consideration the fact that he was only 55 at the time of the proposed procedure, the plaintiff provided his consent for use of his radial arteries once further examination revealed their ability to be harvested in connection with this procedure. On May 9, 2000, at approximately 6 p.m., the plaintiff's medical records indicated that Dr. Malki ordered a Duplex study of plaintiff's upper extremities to evaluate whether or not his radial arteries could be harvested intra-operatively with little or no consequence to the patient. This examination was completed promptly that evening (before 8:30 p.m.) and the technician's results, further verified by the attending radiologist, were available from the defendant that evening and the following morning. On May 10, prior to the start of the coronary artery bypass surgery, there was no attempt to locate the results of the previous evening's Duplex study of the plaintiff's radial arteries. That study, as indicated previously, was available in writing, by voice call or by paging the physician who interpreted the study. However, that defendant failed to contact any individual who had knowledge of the results of that Duplex scan and instead proceeded with elective surgery without the benefit of reviewing the results of the Duplex study. The procedure was carried out by the defendant without complications.
Deliberation
four hours
Length
one day
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390