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Personal Injury
Medical Malpractice
Ophthalmology Negligence

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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