Facts

Ismael Rivera awoke one night with horrible stomach pains and his family took him to the emergency room. He was told he needed gallbladder removal surgery. After seeing his regular physician, the patient presented to Moreno Valley Community Hospital to receive the surgery.

Respondent Dr. Naseem Attar performed the surgery. During the surgery, Dr. Attar encountered no reported complications. Soon after the surgery, however, the patient exhibited signs of jaundice (yellowing of his eyes and skin). After several attempts to find out what happened, the patient was transferred to University of California, Irvine (UCI). At UCI, the doctors discovered that Dr. Attar had not only removed the gallbladder, but he also removed the common bile and hepatic ducts (which drain bile from the liver into the intestine). Dr. Attar had cut and clipped these structures, which plaintiff alleged was negligent.

The patient now lives with a 7-inch crescent shaped scar across his stomach because of the second surgery. He also has problems with having to go to the bathroom immediately after eating.

Settlement Discussions

The pre-arbitration offer was $0.

Result

An arbitration award of $349,000 granted to Rivera ($250,000 in general damages; $34,000 in past medical expenses; $65,000 for future medical treatment).

Other Information

EXPERT TESTIMONY: Gary Hoffman, M.D., was adamant that the standard of care was not breached and that this was simply a risk associated with these types of surgeries. Brenden Carroll, M.D., testified that a nick or scratch on the bile duct would be the worst case scenario that would still fall under the standard of care in a gallbladder removal surgery. A total excision of the duct is nothing more than carelessness, which falls well below the standard of care.