Case details
Doctor claimed patient agreed to nerve block prior to surgery
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
nerve, neurological
FACTS
On April 6, 2010, plaintiff Bonnie Davidson, 47, a self-employed physical therapist, underwent a left unicompartmental knee arthroplasty at Saint Mary’s Hospital in San Francisco. During the surgical procedure, Dr. Merton Goode administered the general anesthesia and also performed an intra-operative, left femoral nerve block for post-operative pain management. Davidson claimed that she did not consent to the femoral nerve block and when she awoke, she claimed that she had excruciating groin pain that has never resolved. Davidson sued Goode. She alleged that Goode failed to obtain her informed consent to perform the nerve block and failed to properly administer the nerve block, causing her pain. She further alleged that this failure constituted medical malpractice and medical battery. Davidson claimed that Goode discussed with her the general anesthesia that would be used. She alleged that she understood the risks and gave her consent for the general anesthesia, but claimed that Goode failed to inform her that a femoral nerve block would also be administered for the post-operative pain management. Davidson further claimed that Goode’s negligent administration of the nerve block damaged her left femoral nerve. Goode claimed that he discussed performing the femoral nerve block with Davidson prior to the surgery, and that she agreed to it. He further claimed that he performed the nerve block in a manner consistent with the standard of care and that the block was not a substantial factor in Davidson’s alleged ., Davidson claimed that her left femoral nerve is permanently damaged. She subsequently treated with a pain management specialist for left leg and groin pain, as well as for weakness in her left leg. Davidson claimed she can no longer work full time as a result of her injury. Thus, she sought recovery of damages for her past and future medical expenses, and past and future wage loss, as well as sought recovery of general damages. Defense counsel contended that there was no evidence of damage to the femoral nerve from the nerve block performed by Goode. Counsel asserted that Davidson’s current complaints existed for years prior to the nerve block and that the most recent testing conducted by neurologists over five days at the Mayo Clinic showed no evidence of active, ongoing or remote neuropathy. In addition, defense counsel contended that Davidson’s pain was not neuropathic in nature.
COURT
Superior Court of San Francisco County, San Francisco, CA
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