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A physician was found liable for medical negligence and lack of informed consent after prematurely removing clavicle hardware, causing a re-fracture.
The plaintiff, Nino Kotorashvili, sued the defendant, Dr. Moo Hyung Lee, for medical negligence following a re-fracture of her clavicle after hardware removal surgery.
The court found Dr. Lee negligent for breaching the standard of care by prematurely removing the hardware without updated imaging and failing to obtain informed consent regarding the increased risk of re-fracture.
The re-fracture led to a malunion and a third reconstructive surgery.
The court awarded the plaintiff $35,000 in general damages for the re-fracture, prolonged recovery, and the need for the third surgery, plus pre-judgment interest at 2%.
The court denied in-person discovery but set strict deadlines for written interrogatories and document production.
The self-represented plaintiffs brought a motion seeking various discovery-related relief against Bridgepoint Hospital, primarily requesting an order for an in-person examination of Bridgepoint's representative due to delayed answers to written interrogatories.
The court addressed issues concerning the production of hospital policies (infection control and other), X-rays and imaging, and the requirement for a supplementary affidavit of documents.
The court denied the request for an in-person examination, directing that follow-up questions be submitted via written interrogatory.
Orders were made for Bridgepoint to produce specific policies by set deadlines, list unavailable documents (such as X-rays) in Schedule C of its affidavit of documents, and provide sworn answers to all interrogatories.
