Case details

Surgeon negligently excised common bile duct: patient





Result type

Not present

discomfort on monthly basis, pain during intercourse
On July 17, 2012, plaintiff Paul Lovell, 47, a business owner, underwent a laparoscopic gallbladder removal surgery by Dr. Craig Owens, a general surgeon, at Corona Regional Medical Center. During the procedure, Owens inadvertently cut and excised a portion of Lovell’s common bile duct. As a result, Lovell required additional surgery to repair the injury. Lovell sued Owens and the operator of the medical center, UHS-Corona Inc. (which was erroneously sued as Corona Regional Medical Center Hospice Auxiliary). Lovell alleged that Owens failed to properly perform the gallbladder surgery and that this failure constituted medical malpractice. He also alleged that UHS-Conona Inc. was liable for Owens’ action. UHS-Corona Inc. was ultimately dismissed from the case. Plaintiff’s counsel contended that Owens failed to obtain a critical view of safety of Lovell’s anatomy before attempting to remove the gallbladder. Counsel argued that as a result, Owens became disoriented and inadvertently removed the common bile duct, which was below the standard of care. Defense counsel argued that Owens had a good view, but that Lovell’s anatomy was so out of the ordinary that the injury could not have been avoided., Lovell’s common bile duct was cut and excised during the gallbladder surgery. Once the excision was discovered that same day, Lovell needed to be transferred to UCLA Medical Center, in Santa Monica, to undergo a Roux-en-Y gastric bypass surgery, which was performed on July 19, 2012. Lovell claimed that he developed ongoing pain near the surgical site below his sternum. He alleged that he now suffers discomfort on a monthly basis and that his current condition prevents him from playing golf or performing any extraneous physical activity. He also alleged that he now suffers pain during intercourse. Thus, Lovell sought recovery of damages for his past and future pain and suffering. His wife, plaintiff Brittany Lovell, sought recovery of damages for her loss of consortium.
Superior Court of Riverside County, Riverside, CA

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