William Lister v. Robert Parker, D.P.M.
Published: Nov. 20, 1999 | Result Date: Oct. 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: 318258 – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Matthew D. Rifat
(Law Offices of Matthew D. Rifat)
Facts
On Aug. 23, 1996, plaintiff William Lister underwent bilateral bunion surgery. Defendant Robert Parker, D.P.M., performed the surgery and a subsequent arthrotomy repair. The plaintiff claimed he developed complications, such as elevatus, swelling and pain. The plaintiff sought treatment for the complications from a Virginia podiatrist, who said the complications were due to "malpractice" and were a "surgical nightmare." The plaintiff brought this action against the defendant doctor based on professional negligence theories of recovery.
Settlement Discussions
On Sept. 20, 1999, the plaintiff made a settlement demand for $250,000. The defendant made no settlement offer.
Damages
The plaintiff claimed he was entitled to MICRA limits ($250,000) for general damages.
Injuries
The plaintiff claimed he suffered complications from bunion surgery, requiring surgery on both feet and all toes.
Result
(directed verdict)
Other Information
The trial court found that the plaintiff knew or should have known of any injury and negligence on June 23, 1997, when he was told by the subsequent treater that he had been subjected to malpractice. The plaintiff argued he did not discover the nature of the malpractice until later and argued that surgical screws placed in his feet during surgery were "foreign objects," tolling the statute of limitations. Trial was bifurcated on issue of statute of limitations. The court held as a matter of law that the surgical screws were not foreign objects as they were designed and inserted for indefinite therapeutic purpose. The directed verdict was reached approximately one year after the case was filed.
Length
two days
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