Case details

Doctor: Patient’s consent forms same as with prior amputations

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 26, 2009, plaintiff Danny Tims, 43, an unemployed and disabled man, presented to Dr. Jerold Kaplan, an orthopedic surgeon at Alta Bates Summit Medical Center in Berkeley, to treat dead skin on his left index finger. Tims suffers from sickle cell anemia, which when coupled with tobacco smoking caused a clotting condition called thromboangiitis obliterans. As a result, Tims presented to Kaplan to undergo a debridement of the dead flesh. During the procedure, one-eighth of an inch of bone in Tims’ fingertip was removed to help close the wound. He was then placed on antibiotics and remained at Alta Bates so that there could be daily evaluations of his hand/condition. On June 5, 2009, Kaplan examined the finger and decided that in order for the flesh to remain viable, he needed to amputate the finger down to the first joint. After Kaplan performed the amputation, Tims remained hospitalized for an additional three days before being discharged home with follow-up care, which was provided by Kaplan, until the wound closed. Tims sued Kaplan. He alleged that Kaplan failed to obtain informed consent prior to performing the amputations, and that this failure constituted medical malpractice. Following a mandatory settlement conference, Tims’ counsel withdrew from the case. Thus, the matter proceeded to a jury trial, during which Tims represented himself. Tims, acting pro per at trial, claimed that the initial procedure performed by Kaplan on May 26, 2009, exceeded his consent, as he did not agree to the removal of any bone in his index finger. He alleged that as a result of the procedure, he required the subsequent amputation of his left index finger down to the first joint. Tims also claimed that he did not consent to the full procedure because it was too extensive, and only consented to the removal of skin and tissue. Kaplan claimed that the dissection on May 26, 2009, was carried out properly and was within the standard of care. He contended that Tims was told about the extent of the procedure prior to undergoing it, and was told about the possibility of some bone removal. Kaplan further claimed that he had performed similar surgeries on Tims in the past, including three amputations, and that the consent forms Tims signed were all the same., Tims underwent a partial amputation of the left, non-dominant index finger, and ultimately required further amputated down to the first joint. He subsequently underwent follow-up care after being discharged from the hospital. Tims sought recovery of an unspecified amount in general damages for the loss of his finger and associated emotional distress. Defense counsel argued that Tims signed the appropriate consent forms, so the plaintiff was owed zero damages.
COURT
Superior Court of Alameda County, Oakland, CA

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