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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