Aaron Hiatt and Martha A. Hanson v. Rubin Orthopedic Group; Roy Rubin, M.D.; Phong Le, DPM; and Does 1-25
Published: Jan. 19, 2018 | Result Date: Oct. 11, 2017 |Case number: 34-2015-00174456 Verdict – Defense
Judge
Court
Sacramento County Superior Court
Attorneys
Plaintiff
Matthew W. Reiser
(Reiser Law PC)
Isabella Martinez
(Reiser Law PC)
Lilia Bulgacheva
(Bulgucheva Law PC)
Defendant
Paul R. Baleria
(Lewis, Brisbois, Bisgaard & Smith, LLP)
for Phong Le, DPM
Thomas Joseph Doyle
(Schuering, Zimmerman & Doyle LLP)
for Rubin Orthopedic Group, Roy Rubin, M.D.
Facts
An ironworker named Aaron Hiatt injured his ankle at work. Several months later, and after treatment from a podiatrist, who ultimately recommended surgery in order to treat Hiatt's symptoms, a medical center performed an operation on Hiatt's ankle. During the surgery, the physician performed an additional fusion procedure beyond repairing the initially-diagnosed injury to Hiatt's tendons. After the operation, Hiatt developed a pulmonary embolism and deep venous thrombosis.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed the surgeon was negligent in performing the operation. Hiatt also alleged medical malpractice, claiming the fusion procedure was unnecessary.
DEFENDANTS' CONTENTIONS: The defense contended that after the operation, Hiatt only requested additional pain medication and had no further complaints. Further, the standard of care was met by the defendants at all times and Hiatt's surgery results were ideal.
Damages
Hiatt claimed lost earnings in the amount of $56,000. Medical costs and pain & suffering were also claimed.
Injuries
Hiatt contended he required additional medical care after the operation. He also claimed medication was required to address Hiatt's post-surgery medical condition.
Result
The jury found for the defense.
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