Professional Negligence Law Reporter

Doe, 69, underwent endoscopic sinus surgery performed by an ENT at an outpatient surgery center. He was discharged the same day. A few hours later, his wife found him on the floor bleeding from his nose. He was taken by ambulance to a hospital, where he was diagnosed as having bleeding in the brain and an acute fracture of the cribriform plate. He underwent an emergency craniotomy and was subsequently discharged to a skilled nursing facility. Doe, who required additional surgeries to treat his condition, suffers from long-term cognitive deficits.

Doe and his wife sued his treating physician, alleging negligent performance of the sinus surgery. The plaintiffs asserted the defendant had entered the intracranial space and failed to hospitalize Doe for treatment of an intracranial injury. Suit also alleged negligent discharge following the sinus surgery. The plaintiffs did not claim lost income or medical expenses.

The defense argued that, among other things, Doe’s injuries were known complications of sinus surgery.

The parties settled for $1 million.

Citation: Doe v. Roe, Undisclosed Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. Mar. 13, 2023).

Plaintiff counsel: Michelle B. Hemesath and Benjamin T. Ikuta, both of Santa Ana, Calif.