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Personal Injury
Medical Malpractice
Lack of Informed Consent

Andrew Chambers v. Lynn Dimino, M.D.

Published: Jul. 9, 2009 | Result Date: Feb. 9, 2009 |

Case number: 07CC06582 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Lawrence J. Rudd


Defendant

Laura L. Stephan
(Brobeck West Borges Rosa & Douville LLP)

Stephen J. Martino

John E. West
(Brobeck West Borges Rosa & Douville LLP)


Facts

On March 9, 2006, defendant Lynn Dimino, M.D., surgically excised a basal cell carcinoma from plaintiff Andrew Chambers' neck. The excision was made on the lower right side of plaintiff's neck, and at defendant Bayview Dermatology and Laser Medical Center.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants were negligent by failing to supply adequate informed consent regarding the procedure's risks. Plaintiff claimed he would not have acquiesced to the surgery if he had known of all the risks and benefits.

DEFENDANTS' CONTENTIONS:
Defendants contended that they were not negligent. Defendants disputed plaintiff's claimed injuries.

Injuries

Plaintiff claimed spinal accessory nerve injury, incurred during the surgery, which later caused physical disability.

Result

The jury found that defendants were not negligent.

Other Information

FILING DATE: June 6, 2007.


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