Case details
Doctor denied negligence in performance of fistula repairs
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
leak urine uncontrollably, pain, pelvic pain, stress incontinence, vesicovaginal fistula
FACTS
On May 1, 2012, plaintiff Cheryl Jefferson presented to Dr. Sun Kim, M.D. at San Bernardino Urological Associates to address a vesicovaginal fistula condition. Jefferson previously underwent a total abdominal hysterectomy by Dr. Keith Schauermann at St. Bernardine Medical Center, in San Bernardino, on Jan. 30, 2012. She subsequently developed a vesicovaginal fistula, which caused her to leak urine uncontrollably. As a result, Jefferson was referred to Kim, who performed surgical repairs of the vesicovaginal fistula on May 1, 2012, and again on Aug. 15, 2012. However, neither surgery successfully closed the fistula. Jefferson sued Kim, San Bernardino Urological Associates, Schauermann, St. Bernardine Medical Center, and Dignity Health. The matter ultimately continued to trial against Kim and San Bernardino Urological Associates only. Plaintiff’s counsel contended that Kim failed to refer Jefferson to a specialist for repair of the complex injury after the May 2012 surgery and that this failure constituted medical malpractice. Counsel contended that the second surgical repair — which occurred in August 2012 — required additional surgical steps in order to maximize the chances for a successful repair, but that Kim, instead, used the same allegedly failed technique from the first repair on May 1, 2012. Thus, counsel argued that Kim failed to use the appropriate surgical technique and that Kim failed to adequately explain the risks and alternate treatment options to Jefferson. Defense counsel argued that Jefferson was at all times advised of the risks of the procedures and the alternative treatments for her condition. Counsel also argued that both surgical repairs were performed in a fashion that was well within the standard of care. In addition, defense counsel argued that Kim was well qualified to perform both surgeries and that a referral to a specialist was not required under the circumstances., Jefferson was referred to Loma Linda University Medical Center, in Loma Linda, and, on Jan. 28, 2013, underwent surgery by her treating urogynecologist, who successfully repaired the fistula. Jefferson contended that as a result of the delay in proper surgical intervention, she was forced to wear a catheter for almost one year. She also contended that she was left with permanent pelvic pain, stress incontinence, and pain with intercourse. Jefferson contended that as a result, she will require almost $250,000 in medical services over the remainder of her lifetime, with a present value of $105,000. Thus, Jefferson sought recovery of past and future medical costs, and non-economic damages for her past and future pain and suffering.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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