Case details
Intra-operative examination of rotator cuff revealed tear: doc
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
neurological, reflex sympathetic dystrophy
FACTS
On April 2, 2009, plaintiff Sandra Crawford, 65, a licensed vocational nurse, was involved in a work-related accident at Henry Mayo Hospital in Valencia. She was referred to Dr. Tarek Bittar, an orthopedic surgeon, for treatment. Crawford subsequently underwent two MRIs, which diagnosed a labral tear and a mild irregularity on the surface of her rotator cuff tendon. As a result, Bittar scheduled Crawford for a right shoulder arthroscopy to treat the labral tear. Crawford consented to the labral repair, subacromial decompression and acromioplasty; however, she did not consent to a rotator cuff tear surgery, as there were no definitive findings of rotator cuff pathology on either pre-operative MRI. On June 22, 2009, Crawford underwent surgery. Intra-operatively, Bittar noted that Crawford had a high-grade partial tear of the rotator cuff, which was repaired. Post-operatively, Crawford experienced severe adhesive capsulitis and eventually developed reflex sympathetic dystrophy, also known as complex regional pain syndrome or causalgia, a chronic pain condition. Crawford sued Bittar for medical malpractice, alleging negligent treatment in the course of the rotator cuff repair. Crawford contended that Bittar was negligent in the repairing of her rotator cuff, as there was no evidence either on the two MRIs or intra-operatively that there was a high-grade tear necessitating surgical repair. She also contended the rotator cuff was only mildly damaged and should not have been surgically repaired. Crawford alleged that because the rotator cuff was repaired, she developed post-operative complications and still experiences severe pain and limited range of motion in her shoulder. Bittar contended that he complied with the standard of care in repairing the rotator cuff. He claimed that although the pre-operative MRIs did not show a high-grade tear, there is a high rate of false positives with MRIs and partial thickness tears. Bittar also claimed the intra-operative examination of the tissue established the high-grade tear. During the surgery, Intra-operative photos were taken through the arthroscope, which Crawford claimed did not show the tear either. However, Bittar claimed that the photos were simply snapshots in time, and that the real-time examination and probing of the tissue is what diagnosed the high-grade tear., Crawford alleged the rotator cuff surgery caused severe adhesive capsulitis in her right shoulder with accompanying reflex sympathetic dystrophy. She claimed her condition has resulted in severe, chronic pain and a loss of range of motion in her right shoulder and arm. She also claimed the condition will require ongoing pain management. In addition, Crawford claimed she can never return to work as a result of her condition. Crawford contended that her medical costs were covered by workers’ compensation insurance. Thus, at trial, she sought $40,000 in past lost earnings, $200,000 in future lost earnings, and $250,000 for her pain and suffering.
COURT
Superior Court of Los Angeles County, Chatsworth, CA
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