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Personal Injury
Medical Malpractice
Failure to Diagnose and Treat

Hussam Alzarrad v. Anatol Podolsky, M.D.; Saddleback Memorial Medical Center; Cooperative of American Physicians Inc., and Does 1 through 10, inclusive

Published: Apr. 2, 2016 | Result Date: Mar. 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 30-2014-00763035-CU-MM-CJC Summary Judgment –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Sam H. Nordean
(Law Office of Sam H Nordean)


Defendant

Daniel A. Cooper
(Carroll Kelly Trotter Franzen McKenna & Peabody)

Thomas M. Peabody
(Peabody & Buccini LLP)


Facts

Hussam Alzarrad sued Anatol Podolsky, M.D., Saddleback Memorial Medical Center, and Cooperative of American Physicians Inc., in connection with an incident that allegedly occurred on Dec. 1, 2012.

Contentions

PLAINTIFF'S CONTENTIONS:
: Defendant underwent lumbar surgery at defendant medical center on Dec. 1, 2012. Plaintiff contended that defendant doctor negligently placed five out of the six spinal screws in plaintiff's vertebrae. As a result, the screws protruded out of his spine, which then led to spinal stenosis and caused plaintiff's neurological impairment. Plaintiff sued defendants for professional negligence/medical malpractice and professional negligence/medical malpractice via agency.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and moved for summary judgment. Plaintiff allegedly failed to state a cause of action. Defendants also asserted a statute of limitations defense.

Result

The trial court granted defendants' motion for summary judgment and entered judgment in Dr. Podolsky's favor.


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