Professional Negligence Law Reporter

Surgeon Fangxiang Chen, an agent of Mercy Clinic East Communities, allegedly recommended that Natalie Avilez, 39, undergo a minimally invasive right-side microdiskectomy at T7-8. After the surgery, Avilez learned from Chen that he had operated on the wrong side of her spine and on the wrong level. The next day, Chen returned Avilez to surgery, during which he performed a right T6-7 laminectomy before intraoperative imaging showed he was at the wrong level. Avilez has experienced additional pain and increased anxiety.

Avilez sued Mercy Clinic East Communities, alleging vicarious liability for the negligence of its agent. The plaintiff claimed the surgeon failed to perform surgery on just her right side at T7-8, as intended; properly interpret intraoperative radiology images; and adhere to established safeguards for surgery, including taking a safety “time out.”

The jury awarded $1 million in noneconomic damages. This was reduced to approximately $457,700 under state law. The case reportedly is on appeal.

Citation: Avilez v. Mercy Clinic East Communities, No. 21SL-CC00047 (Mo. Cir. Ct. St. Louis Cnty. Apr. 19, 2023).

Plaintiff counsel: AAJ members Morgan C. Murphy and Rachel L. Roman, both of St. Louis.