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$________ CONFIDENTIAL Medical Malpractice – Surgery – Negligent single port laparoscopic cholecystectomy – Liver damage during surgery resulting in need for liver transplant for 25-year-old plaintiff.

Orange County, CA

In this medical malpractice matter, the plaintiff alleged that the defendant was negligent in performing a single port laparoscopic cholecystectomy and in failing to recognize the plaintiff’s anatomy, injuring her liver during the procedure. The plaintiff had to undergo a liver transplant due to the inability to save her liver following the defendant’s negligence. The defendant denied any negligence.

The 25-year-old female plaintiff had a four year history of abdominal pain secondary to choleltithiasis. The plaintiff saw the defendant physician with a history of gallstones and was advised to have an elective laparoscopic cholecystectomy with three port procedure. On July 13, ________, the plaintiff was admitted to the defendant hospital for the elective procedure. The defendant surgeon performed the procedure as a single port which resulted in a right hepatic vein injury via clips.

The plaintiff developed post-operative abdominal pain. A HIDA scan demonstrated a biliary leak. The plaintiff underwent an endoscopic retrograde cholangiopancreatography and was transferred to another medical center where attempts were made to save the plaintiff’s liver. The blood supply had so damaged the plaintiff that she was transferred to yet another medical center where she underwent several procedures and ultimately had to undergo a liver transplant.

The plaintiff brought suit against the defendant physician and the defendant hospital. The plaintiff contended that the physician should not have performed the surgery as a single port laparoscopic cholecystectomy and when he was unable to recognize that the plaintiff’s anatomy should have converted to an open procedure which would have avoided the liver damage. The plaintiff further alleged that the defendant hospital was negligent in its credentialing procedure as it pertained to single port laparoscopic cholecystectomy surgery.

The defendant physician denied that there was any deviation from acceptable standards of care. The defendant also disputed the plaintiff’s alleged injuries and damages. The hospital denied any negligence.

The plaintiff claimed general damages of $________ pursuant to MICRA. The plaintiff also claimed present value life care in the amount of $________ and lost earnings of $________.The plaintiff and the defendant physician agreed to settle the plaintiff’s claims against the physician for the sum of $________ representing the available policy limits. The case against the hospital is still pending.

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