On Sept. 14, 2019, plaintiff Gloria Mikeler, 93, was being prepared for orthopedic surgery at Sherman Oaks Hospital, in Sherman Oaks, to treat a fracture of his right hip. During the preparation, a physician assistant employed by the Los Angeles Orthopaedic Institute positioned Mikeler on the orthopedic table and placed Mikeler’s left leg in a surgical boot. An orthopedic surgeon, Dr. Jonathan Berkowitz, performed the right hip surgery, and it was reported to be successful. However, Mikeler claimed she suffered an injury of her left leg. Mikeler sued Berkowitz, Sherman Oaks Hospital and the physician assistant’s employer, the Los Angeles Orthopaedic Institute. The lawsuit alleged that Berkowitz and the physician assistant were negligent in their treatment of Mikeler during the orthopedic surgery and the preparation for the procedure and that their actions constituted medical malpractice. The lawsuit also alleged that the hospital was liable for Berkowitz’s actions and that the institute was vicariously liable for the physician assistant’s actions. Berkowitz was ultimately dismissed from the case, and the hospital was let out of the case on an unopposed motion for summary judgment. Thus, the matter continued against the institute only. Mikeler claimed that she suffered an injury to her lower, left leg when the physician assistant positioned her on the orthopedic table to place her leg in a surgical boot. Plaintiff’s counsel contended that the physician assistant negligently and carelessly handled Mikeler’s leg while placing it in the surgical boot, causing a skin tear to Mikeler’s left, lower leg. Mikeler’s expert in family medicine, who was also Mikeler’s treating primary care physician, testified that Mikeler’s injury should not have happened and cannot occur without someone acting carelessly. The institute’s counsel contended that the physician assistant acted reasonably and that a skin tear, such as the one Mikeler sustained, can occur even without negligence. Although he was previously dismissed from the case, Berkowitz testified at trial that he was there when Mikeler was being prepared for surgery. He also testified about how wonderful and careful he thought the physician assistant was in the positioning of Mikeler’s leg., Mikeler suffered a skin tear to her left, lower leg. Although she did not require any skin grafting or surgery, she had ongoing wound care. Mikeler claimed that as a result of her injury, she needed attendant care and will continue to need attendant care in the future. Mikeler sought recovery for her past medical costs, and past and future attendant care. She also sought recovery of general damages for her past and future pain and suffering. The institute’s counsel contended that Mikeler suffered a traumatic fall that also resulted in a skin tear three months prior to the hip surgery. Counsel introduced pictures during both hospitalizations, and argued that the pictures showed that Mikeler had extraordinarily thin and frail skin.