Case details

Cardiologist: Patient gave informed consent to perform angiogram

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
epidermis, numbness
FACTS
On Dec. 29, 2010, plaintiff Maria Gonzalez, 47, a unit secretary, presented to the emergency room of Garfield Medical Center, in Monterey Park, with complaints of chest pain radiating to her neck and jaw. This was her second such trip in the past six months. Gonzalez received nitroglycerin for the pain and was admitted to the hospital for a cardiology consult. Dr. Edwin Kok, a cardiologist, evaluated Gonzalez and subsequently recommended an angiogram to obtain a definitive diagnosis. The angiogram was performed on Dec. 30, 2010, but it caused a dissection that led to an occlusion of the femoral artery. Despite the occlusion, Gonzalez had sufficient collateral blood flow to her right lower extremity, such that she did not suffer an ischemic injury. Kok subsequently ordered an ultrasound that revealed the occlusion. As a result, Gonzalez later underwent an arterial bypass surgery, performed by a vascular surgeon, to repair the occlusion in her common femoral artery. The surgery required the transection of several cutaneous nerves. Gonzalez sued Kok and the operator of Garfield Medical Center, AHMC Healthcare Inc. Gonzalez alleged that Kok failed to properly treat her and failed to obtain her informed consent and that these failures constituted medical malpractice. She also alleged that AHMC was liable for Kok’s actions. AHMC was ultimately dismissed from the case, and the matter continued against Kok only. Gonzalez claimed that Kok negligently recommended an angiogram, as it was not indicated at the time. She also claimed that Kok failed to obtain her informed consent for the procedure. Dr. Kok contended that his care and treatment of Mrs. Gonzalez was within the standard of care at all times, and that his actions did not cause or contribute to any of her claimed . Kok claimed his recommendation for an angiogram, to reach a definitive diagnosis, was appropriate due to Gonzalez’s recurrent chest pain and multiple risk factors for heart disease, such as her being a heavy smoker with high cholesterol and a strong family history of heart disease. Thus, he claimed that he apprised Gonzalez of the risks, benefits, and alternatives to undergoing the angiogram, as well as the potential risks if she did not agree to the procedure, and that Gonzalez ultimately consented to the procedure. Kok also claimed that although the angiogram caused a dissection that led to an occlusion of the femoral artery, it was a known complication of the procedure., Gonzalez suffered an occlusion of the femoral artery. As a result, she underwent arterial bypass surgery to repair the occlusion, which required the transection of several cutaneous nerves. She claimed that as a result of the bypass surgery, she suffered residual lower extremity pain and skin numbness. Gonzalez claimed she missed seven months of work as a result of her continued pain and superficial numbness in her right leg. Thus, she sought $7,000 in lost earnings and $600,000 in damages for her pain and suffering. Her husband, Gustavo Gonzalez, sought $75,000 for his loss of consortium. Defense counsel argued that when Mrs. Gonzalez’s paid sick leave and disability benefits were factored in, her alleged lost earnings were a wash and that she suffered no out-of-pocket expenses.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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