Medical Malpractice Attorney in Claremont, California
Perez v. Fresno Community Regional: The Case of the Absent Surgeon
Perez v. Fresno Community Regional: The Case of the Absent Surgeon
More In This Category
View Transcript
Silveno Perez was in his early 70s and went in for open heart surgery and the surgery upon its conclusion, the doctor left not only the operating room but the hospital while Silveno Perez was still on the operating room table with his chest open. The problem was that he developed complications and the doctor who’s going to a business meeting, was not there to deal with them. And so, when he went into cardiac arrest the doctor was a half hour away and the delay in getting him back, he was able to do further surgery to save his life and he has a perfectly beating heart but the lack of oxygen during that time caused him a massive brain injury.
So when we got into the jury trial it was a trifurcated trial. So in phase one we were able to establish that the doctor’s conduct was negligent. And then, phase two was to establish not just the damages but we also established a pattern and a practice ‘cause this was not the first time this doctor did this sort of thing. And so, we got into that, established those facts, and then, the jury also found that the conduct was not just negligent but constituted malice, oppression, and fraud under the law.
And then the jury awarded punitive damages on top of that. And the verdict ultimately that the jury awarded was $5 million for compensatory damages, which are basically the medical expenses he’s going to need to take care of him for the rest of his life. And the jury awarded $50 million in non-economic damages for basically, destroying the rest of his life. And they awarded $12 million in punitive damages as punishment and to make sure that this doesn’t happen again. The total verdict was $68 million.
Contact Ricardo Echeverria
Email This Lawyer
(909) 621-4935
See All This Lawyer's Videos
Visit Lawyer's Website
Los Angeles, CA personal injury lawyer Ricardo Echeverria talks about memorable case in which he was able to get an astonishing $67 million for a client. He explains that Silveno Perez, a man in his early 70s, underwent open heart surgery. Unfortunately, upon completing the operation, the surgeon left both the operating room and the hospital, leaving Mr. Perez on the operating table with his chest still open. Tragically, complications arose, and the absent doctor was not present to address them. When Mr. Perez went into cardiac arrest, the surgeon was half an hour away, resulting in a delay in providing the necessary treatment to save his life. Although his heart was eventually stabilized, the lack of oxygen during the critical period caused significant brain damage.
During the subsequent jury trial, the proceedings were divided into three phases. In the first phase, we successfully established that the doctor’s conduct was negligent. Moving to the second phase, we not only demonstrated the extent of the damages suffered by Mr. Perez but also unveiled a disturbing pattern of similar behavior exhibited by the doctor in previous cases. The jury, after considering the evidence, concluded that the doctor’s actions were not only negligent but also met the legal criteria for malice, oppression, and fraud.
As a result, the jury awarded compensatory damages of $5 million, which will cover the ongoing medical expenses required to care for Mr. Perez for the remainder of his life. Additionally, they granted $50 million in non-economic damages to address the profound negative impact on his quality of life. Furthermore, punitive damages amounting to $12 million were awarded to both penalize the responsible party and ensure that such negligence and disregard for patient welfare do not occur again. In total, the jury’s verdict amounted to $68 million, providing some measure of justice for the immense harm inflicted on Mr. Perez and serving as a deterrent against similar misconduct in the future.
