Medical Malpractice: Representative Cases

Driver’s Negligence Followed by Medical Malpractice – $3.1 Million Recovery
We represented a 51-year-old home care provider who was driving in San Francisco in the course of his employment as a caregiver. He was struck by a Hummer rented from Hertz Corporation by a foreign tourist who made an illegal turn on a red light. Our client was taken by ambulance to San Francisco General Hospital but the surgeons there inadvertently injured his spinal cord and rendered him a partial quadriplegic. Mark Fong, Dale Minami, and Eunice Yang handled the auto accident claim against Hertz, which settled for its policy limits of $1 million. We then settled the claim against the physicians and hospital for $2.1 million. Our client faced a number of challenges in settling his medical malpractice case. First, his noneconomic damages for pain and suffering were capped at $250,000 due to California’s medical malpractice laws, known as MICRA. The medical defendants also argued that our client’s claim for compensation for his future medical treatment was unrecoverable, as his workers compensation carrier would provide him with lifetime medical care. However, our team argued, through the use of experts in the fields of healthcare financial administration, life care planning, and workers compensation, that workers compensation is unlikely to pay for much of the treatment our client will need over the next 30 years, which will leave him without insurance coverage when he will need it most. Our team settled the medical malpractice case for $2.1 million, for a total recovery of $3.1 million, which will provide our client with the care he needs over his lifetime.

Malpractice Results in Loss of Client’s Eyesight: $2.75 Million Settlement
Our client was a 54-year-old hotel engineer who went to his primary physician complaining of a severe headache. He was referred to the Emergency Department, where the doctor took a history that suggested his headache was not so severe and ordered a computerized tomography scan (CT scan) of his brain, which showed no bleeding. Our client returned to his doctors several times over the next month complaining of recurring headaches but, because his previous CT scan was normal, his doctors simply reassured him and sent him home. Finally, he suffered a ruptured aneurysm (blood vessel) in his brain, which caused him to lose his sight.
We prosecuted this medical malpractice case through binding arbitration. Under California law, victims of medical malpractice can recover a maximum of only $250,000 for their pain and suffering, which was the main element of damage suffered by our client. Medical bills and wage loss are also offset by the amount of insurance covering the victim for those losses. To combat this, we prepared a life care plan which outlined the cost of attendant care and assistive devices he reasonably needed to make his life more comfortable. We also showed he was not likely to return to paid employment. Mark Fong settled this case for $2.75 million.

Negligent Knee Surgery: $1.2 Million Trial Verdict
Our client, a 33-year-old high school teacher, went to an orthopedic surgeon in San Bernardino County for surgery to reconstruct her torn anterior cruciate ligament (ACL). The surgeon negligently drilled through the artery and vein behind her knee, causing her to develop an aneurysm which required vascular surgery to restore blood circulation to her leg and foot. Our client required three surgeries after the original ACL surgery to restore circulation to her leg. Experts testified that our client is likely to require at least one more vascular surgery during her lifetime. Mark Fong obtained a $1.2 million verdict for the client.

Negligent Podiatric Surgery: $750,000 Settlement During Trial
A 38-year-old janitor visited a podiatrist in Lodi, California, for painful calluses on the bottoms of her feet. The podiatrist performed multiple surgeries to the toes on both of her feet but performed unnecessary surgery on her. Mark Fong sued the podiatrist for negligence, misrepresentation, fraud, emotional distress and assault and battery. During cross-examination at trial, the podiatrist admitted he told three falsehoods in his medical records regarding the client’s medical condition. The Defendant settled for $750,000 the day before closing arguments at trial. Mark Fong represented our client.

Altered Medical Records – $600,000 Recovery
Our client had been seeing the defendant optometrist in Stockton, California, for 10 years for her eye care. During that time he fitted her for glasses and performed basic screening tests for glaucoma. Eight months after her last visit she was diagnosed with glaucoma which required two operations to correct. After being notified of a lawsuit, the defendant altered the client’s medical chart to show he checked her eyes for glaucoma and her eyes were normal. However, the client had obtained a copy of the unaltered medical chart prior to defendant’s fabrication. Our client sued for medical malpractice, fraud, and intentional spoliation of evidence. Her case settled before trial for $600,000. Mark Fong represented the Plaintiff.

Negligent Injection: $490,000 Recovery
Our client was a 35-year-old unemployed security guard who went to the defendant medical center in San Bernardino County with complaints of abdominal pain. He was admitted to the intensive care unit after being diagnosed with diabetic ketoacidosis. The doctor administered an anti-nausea drug, Phenergan, through an IV. Immediately after injection, the client suffered a stroke, and a MRI showed he had suffered a brain injury. The client alleged the Phenergan had been erroneously injected into his artery, rather than his vein, causing the stroke. The client sued the county and the medical center for medical malpractice. Mark Fong and Seth Rosenberg represented the Plaintiff, and obtained a $490,000 settlement for him.