Case details
Hospital: Patient’s postsurgical activity not cause of bad result
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
hip
FACTS
On Sept. 6, 2015, plaintiff Robert Bowman, a man in his 70s, underwent surgical repair of an acute displaced fracture of the right hip’s greater trochanter, which was periprosthetic. The procedure was performed at UCLA Medical Center, Santa Monica, by Dr. Susan Bukata, an orthopedic surgeon. Bowman had previously undergone left total hip replacement surgery by a prior orthopedic surgeon, Dr. Bert Thomas, on May 11, 2004. He then underwent a right total hip replacement, which was also performed by Thomas, on March 25, 2008. Bowman fell on his right hip at home on Sept. 5, 2015. X-rays showed an acute displaced fracture of the right greater trochanter. As a result, Bowman consulted with Bukata, who performed the surgical repair with the use of a single wire on Sept. 6, 2015. After the September 2015 surgery, Bowman underwent physical and occupational therapy at Brentwood Health Care Center, a convalescent facility in Santa Monica, until Oct. 8, 2015. He returned to Bukata for a follow-up visit on Oct. 16, 2015. X-rays taken that day demonstrated a displacement of the trochanter and a fracture of the cerclage wire used by Bukata. As a result, Thomas underwent a total revision of the right hip on Oct. 23, 2015. Bowman sued Bukata; the operator of UCLA Medical Center, the Regents of the University of California; and the operator of Brentwood Health Care Center, Coastal Health Care Inc. Bowman alleged that Bukata was negligent for using a single wire during the September 2015 surgery and that the Regents was liable for the negligence of any of its employees or agents from which he received care and treatment. Bowman also alleged that the Regents and Coastal Health Care were negligent in his post-operative treatment and that the defendants’ negligence constituted medical malpractice. Coastal Health Care and Bukata were let out of the case on motions for summary judgment, and the matter continued against the Regents only. Plaintiff’s counsel contended that the Regents’ employees were negligent for allowing strenuous weight-bearing exercises, including abduction exercises, which were inappropriate for Bowman’s post-operative status following Bukata’s surgery. Counsel argued that as result, the repair failed. The Regent’s counsel argued that Bowman’s injury was caused by Thomas’ original surgery on the right hip in 2008 and that the Regents and its employees and agents were not negligent., Bowman suffered a displacement of the trochanter and broken hardware. He required total revision of the right hip, during which Thomas reduced the dislocated the prosthesis on Oct. 23, 2015. He then followed up with additional physical and occupational therapy. Bowman re-dislocated the prosthesis in December 2015 and had to be placed in a spica cast. He had one more dislocation in May 2016, but he did well after that. Bowman claimed that he had a period of invalidity, but that he is now ambulating well. Bowman sought recovery of past medical costs and damages for his pain and suffering.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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