Professional Negligence Law Reporter

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Failure to Assess Patients Surgical Incision

July/August 2019

Six days after undergoing hip replacement surgery and rehabilitation, Alice Underwood, 82, was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration. Underwood suffered a surgical site infection while she was hospitalized, which caused her incision to separate. She underwent surgery to remove necrotic tissue, after which she was sent to a rehabilitation facility. Twenty-six days later, Underwood died of cardiopulmonary arrest and infection. She is survived by her three adult daughters and a son.

Underwood’s daughter, individually and on behalf of her estate, sued the hospital, alleging it failed to provide wound care to Underwood for 12 days during her hospitalization and failed to assess her surgical wound. The plaintiff also alleged that the hospital’s nurse negligently sent Underwood to the rehabilitation facility without antibiotics.

The jury awarded approximately $1.39 million.

Citation: Underwood v. Victor Valley Global Med. Ctr., No. 30-2016-00837584 (Cal. Super. Ct. Orange Cnty. Dec. 17, 2018).

Plaintiff counsel: Alexander Feldman, Michael Moran, and Damon Schwartz, all of Santa Ana, Calif.

Plaintiff experts: Susan Elmore, nursing, Newport Beach, Calif.; and Jerrold Dreyer, infectious disease, Sherman Oaks, Calif.

Defense experts: Davina Leary, nursing, Newhall, Calif.; Irving Posalski, infectious disease, Los Angeles; Monica Tweddell, wound analysis, Mission Hills, Calif.; and Michael Halls, plastic surgery, San Diego.