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