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Medical
Malpractice
Negligent Post-Operative Care

Deborah Hill, Rocky Hill v. Temecula Valley Hospital; Sharp Memorial Hospital; James Jee-Ling Chao, M.D.; Gabriella Minera, D.O.; Heather Crooks Bruner, M.D.; and Does 1 through 100, Inclusive

Published: Dec. 7, 2018 | Result Date: Aug. 24, 2018 |

Case number: MCC1600325 Verdict –  Defense

Judge

Angel M. Bermudez

Court

Riverside County Superior Court


Attorneys

Plaintiff

Patricia A. Law
(Law Offices of Patricia A. Law APC)


Defendant

Stephen L. Hewitt
(Hewitt & Raphael) for Heather Crooks Bruner

Clark R. Hudson
(Neil Dymott Hudson, APLC) for James Jee-Ling Chao


Facts

On April 17, 2015, Deborah Hill, underwent surgery to treat a fracture in her left ring finger. Dr. James Chao performed the surgery. The following morning, Hill developed severe pain in her left hand and after failing to reach Dr. Chao by telephone, she went to Temecula Valley Hospital where she was seen by Dr. Gabriella Minera. Dr. Minera loosened the dressing on Hill's hand, but did not examine the surgical wound. Instead, Dr. Minera administered morphine and discharged Hill. Afterward, Hill went to see Dr. Chao again, Hill sought treatment from a hand surgeon who diagnosed her with nerve damage to her left hand. As a result, Hill elected to amputate the finger. Hill and her husband brought suit against Dr. Chao, the emergency room physicians, Dr. Minera and Dr. Heather Crooks Bruner, Temecula Valley Hospital Inc., and Sharp Memorial Hospital.

Prior to trial, plaintiffs dismissed Dr. Minera and Temecula Valley Hospital.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants were negligent in their examinations and treatments, and that this negligence constituted medical malpractice. Plaintiffs also contended that Hill now suffers from cognitive impairment, mental fog, short-term memory loss, an inability to concentrate, impaired critical thinking, as well as depression, post-traumatic stress disorder, loss of self-worth and self-esteem due to the pain.

DEFENDANTS' CONTENTIONS: Defendants claimed that plaintiff's problems were the result of an unsuccessful surgery, rather than any post-operative vascular compromise, and that they acted reasonably and within the standard of care in their treatment of Hill.

Settlement Discussions

Plaintiffs demanded $1,000,000. Defendant Dr. Chao offered $200,000.

Damages

Plaintiff sought recovery of $558,380 in lost earnings, $73,039 for home maintenance service costs and $21,863.22 for out-of-pocket medical expenses. Plaintiff also sought recovery of substantial non-economic damages for her past and future pain and suffering. Hill's husband also sought recovery for his loss of consortium.

Result

The jury entered a verdict in favor of the defendants Dr. Chao and Dr. Bruner finding that defendants were not negligent.


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