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Medical
Malpractice
Negligent Foot Surgery and Post-Operative Care

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

David De Alba

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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