April Cabana is suing Pomona Valley Hospital Medical Center for Los Angeles personal injury. The 35-year-old woman says she continues to experience constant pain because she underwent an experimental procedure that surgeons performed on her without her consent.
Cabana contends that she thought she was undergoing traditional back surgery to treat an injury she sustained in a car accident, but instead, doctors performed a surgery on her that was part of a research project involving OP-1 Putty--a procedure that she claims she never agreed to have done. She is also suing Dr. Ali Mesiwala, who performed the surgery on her, for Los Angeles medical malpractice, and Stryker Biotech, the company that made the device.
Per court documents, this experimental procedure was performed on at least 17 patients at the Pomona Hospital. Cabana's Los Angeles injury legal team claims that Biotech was aware that using OP-1 and Calstrux together can cause human bone to migrate and grow in parts of the body, including nerve channels.
Pomona Valley Hospital Medical Center is denying the allegations.
Los Angeles Medical Malpractice
Doctors and other medical professionals owe their patients a duty of care in that they must provide a standard level of care to each one of them. Anything less than that can jeopardize a patient's health and well-being.
Making sure that a patient's informed is obtained before proceeding with any procedure isn't just about getting him/her to sign a written consent form. The medical professional must clearly communicate what the patient is agreeing to, why this procedure is happening, what the risks involved are, whether there are alternative treatments, and what could happen if the patient decides not to pursue the recommended course of medical action. This should give a patient a chance to ask questions so that he/she can understand the procedure and how it might affect him/her.
A physician definitely cannot perform a medical procedure--let alone an experimental one--on a patient without getting the proper permissions. If a patient isn't capable of giving his/her consent, then the person who has that authority must do so. Also, there are exceptions to informed consent, such as in an emergency scenario when the patient is unable to give consent, or during diagnostic procedures when the level of care doesn't require the patient's consent. Also, if the patient is a minor, then the parents are allowed to consent for him/her. If a physician elects to perform a procedure that a patient didn't want, a battery action may be filed against the doctor.
Unfortunately, there are many ways for a medical professional to commit medical malpractice, and you can read about examples of other incidents that Los Angeles surgical malpractice Vincent Howard and his law firm Howard Law, PC have blogged about on our California Injury Lawyers site.
Lawsuit Claims Pomona Surgeons Performed Experimental Procedures Without Patients' Consent, CBS Local, July 27, 2012
Suit says patient at Pomona Valley hospital underwent experimental procedure without her approval, SGV Tribune, July 26, 2012
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Rowland Heights Doctor Accused of Los Angeles Medical Negligence and Murder, California Injury Lawyers, February 28, 2012
Los Angeles Plastic Surgery Malpractice: Woman Sues Santa Ana Doctor For Botched Breast Implants, California Injury Lawyers, January 20, 2012
In California, the plaintiff has to prove his/her case by establishing that the defendant owed them a duty of care, did not perform that duty, and caused the injury as a result of medical negligence. Because proving this type of negligence can prove challenging, you want to work with someone like Los Angeles medical malpractice attorney Vincent Howard who is experienced in proving these cases.
Call (800) 872-5925 to schedule your case evaluation. Ask to speak with Los Angeles personal injury lawyer Vincent Howard.