Facts

On Sept. 2, 2007, German Velasquez sustained scapula and left femur fractures, and a dislocated left ankle due to a motor vehicle accident. Wesley Phipatanakul, an orthopedic surgeon, performed open reduction surgery on Velasquez, who also suffered from diabetes. For post-operative treatment, Velasquez visited Phipatanakul and his family practitioner. Because the wound of his ankle developed gangrene, on Oct. 20, 2007, Velasquez underwent a below-the-knee amputation of his left leg. He sued Phipatanakul, Loma Linda University Medical Center, and his family practitioner, alleging medical malpractice. Subsequently, Loma Linda, and his family practitioner were dismissed from the lawsuit.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Phipatanakul should have referred him to a vascular surgeon who would have examined Plaintiff's prior femoropopliteal bypass surgery. Plaintiff claimed that another femoropopliteal surgery would have saved Plaintiff from amputation.

DEFENDANT'S CONTENTIONS:
Defendant argued that he acted within the standard of care, and that he gave warnings about a possible amputation based on Plaintiff's uncontrolled diabetes. Defendant argued that clinical data did not show that referring playoff to vascular surgery was needed because he had good blood profusion, and nevertheless, a new surgery would not have increased blood flow.

Damages

Plaintiff sought $250,000 in general damages.

Injuries

Plaintiff suffered below-the-knee leg amputation and necrosis.

Result

The jury found in favor of the defense, concluding that there was no causation regarding damages.

Deliberation

two days

Poll

9-3 (negligence), 11-1 (no causation)

Length

one month