July 21, 2015, PNLR E-Newsletter
Unnecessary brain surgery
Suit alleged that the defendant hospital performed unnecessary surgery on a patient after it relied on another patient’s CT scan results in recommending emergency surgery. The jury awarded $20 million. Nayyar v. Oakwood Healthcare Inc.
Bimla Nayyar, 81, was admitted to a hospital for treatment of a temporomandibular joint problem. She underwent a CT scan of her brain and was told that she required an emergency craniotomy. During the surgery, it was discovered that Nayyar did not have a subdural hematoma or skull fracture, the conditions justifying emergency surgery.
Nayyar’s condition deteriorated after the procedure, requiring life support. She later died and is survived by her husband and three adult children.
Nayyar’s estate sued the hospital, alleging unnecessary surgery in that the defendant relied on another patient’s CT scan results in recommending the emergency surgery.
The jury awarded $20 million.
Citation: Nayyar v. Oakwood Healthcare Inc., No. 2013-009819-NH (Mich. Cir. Ct. Wayne Cnty. May 6, 2015).
Plaintiff counsel: AAJ member Geoffrey N. Fieger and Caroline M. Whittemore, both of Southfield, Mich.
Plaintiff experts: Charles Landers, critical care, San Diego; and Jeffrey Garrett, cardiology, Pittsburgh.
Defense expert: Louis Cannon, cardiology, Petoskey, Mich.