John Doe v. Roe Ophthalmologist, Roe Anesthesiologist
Published: May 2, 2009 | Result Date: Mar. 11, 2009 | Filing Date: Jan. 1, 1900 |Settlement – $130,000
Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Lawrence D. Wong
(Schmid & Voiles)
Stephen A. Rosa
(West & Rosa LLP)
Experts
Plaintiff
Don F. Mills M.D.
(medical)
Defendant
Ronald S. Katz
(medical)
Facts
On Jan. 24, 2008, plaintiff John Doe, age 71 years old, went in for eyelid surgery by defendant Roe Ophthalmologist. Roe Ophthalmologist, had anesthesia delivered to Doe by Roe Anesthesiologist. During the surgery, Doe's face caught on fire and he suffered second-degree burns.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that defendants were negligent and that their conduct fell below the standard of care required for this procedure. The plaintiffs argued that the oxygen was running while electrocautery was in progress, causing a fire hazard.
DEFENDANTS' CONTENTIONS:
The defendants denied that the rare complication was a sign of negligence.
Injuries
Doe suffered injuries to his mouth, lip, and nose.
Result
The plaintiffs accepted a settlement of $100,000 from Roe Ophthalmologist and $30,000 from Roe Anesthesiologist.
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