Facts

Robert Bowman filed suit against Susan V. Bukata M.D., Coastal Health Care Inc. dba Brentwood Health Care Center, and the Regents of the University of California in relation to a surgery on his hip that was performed on September 6, 2015 by Dr. Bukata at the UCLA Medical Center, Santa Monica.

PLAINTIFF'S CONTENTIONS: Bowman contended that he had previously undergone a total left hip replacement surgery in 2004 and a total right hip replacement surgery in 2008, with both surgeries performed by Dr. Bert Thomas. Bowman alleged that he fell on his right hip at home on September 5, 2015, and x-rays showed an acute displaced fracture of the right greater trochanter, necessitating surgery. Bowman claimed that after he underwent physical and occupational therapy at Brentwood Health Care Center, x-rays showed a displacement of the trochanter and a fracture of the wire used by Bukata in the surgery. Bowman then underwent a total revision of the right hip. Bowman alleged that Bukata was negligent for using a single wire during the first surgery she performed, and the Regents of the University of California were liable for Bukata's negligence. Bowman contended the Regents and Coastal Health Care were negligent in their post-operative care, and their negligence constituted medical malpractice. Specifically, Bowman claimed the Regents' employees negligently allowed him to perform strenuous weight-bearing exercises that were inappropriate for his post-operative status, causing the surgical repair to fail.

DEFENDANTS' CONTENTIONS: Defendants argued that Bowman's injury was a result of the original surgery he underwent on his right hip in 2008 and they were not negligent in any way.

Damages

Bowman sought past medical costs and damages for his pain and suffering.

Result

Coastal Health Care and Bukata were dismissed from the action on motions for summary judgment. The jury rendered a verdict in favor of the Regents and determined that although the Regents was negligent, its negligence was not a substantial factor in causing Bowman harm.

Poll

10-2