Doe v. Roe Neurosurgeon

Construction Worker Paralyzed By Surgeon's Malpractice

John Doe, a construction worker, injured his back at work. He consulted with Roe Neurosurgeon, who told him that he needed surgery. A day later, while the surgeon was still waiting for authorization from Doe's insurer to perform the surgery, Doe suddenly lost the use of his legs. He was taken by ambulance to the hospital.

When Roe Surgeon was notified, he had Doe admitted to a hospital room, but never visited him, despite repeated calls by hospital staff that they felt the patient's condition required immediate attention. It turned out that Mr. Doe had developed cauda equine syndrome, a serious problem that if not immediately operated on can result in permanent neurological damage. Eventually a substitute surgeon was located, but the surgery was too late to prevent plaintiff from being paralyzed.

Biren Law Group recovered the maximum (extremely limited) amount allowed by California law on medical malpractice cases—$250,000 general damages each for Mr. and Mrs. Doe plus $1 million in out of pocket losses. Mr. Doe's lifetime medical expenses were also paid by his company's worker's compensation insurer.