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Ditto v. McCurdy6/9/1997
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At the Conclusion of the consultation, Dr. McCurdy recommended a mammary augmentation by inserting silicone implants through sub-glandular incisions in the nipples. Ditto agreed. Although Ditto inquired about an under-breast incision, Dr. McCurdy explained that he did not use the procedure due to adverse consequences. In addition, Ditto testified that Dr. McCurdy did not explain any alternative forms of breast augmentation procedures, including those with potentially fewer complications.
On November 3, 1986, Ditto arrived at Dr. McCurdy's Honolulu office to undergo the breast augmentation surgery. Ditto, who testified that she has a fourth grade education, was given a consent form to "read" and sign before undergoing the procedure. Ditto, however, could not understand written English, and thus asked Dr. McCurdy what the form contained. Ditto testified that Dr. McCurdy told her the form merely gave him permission to conduct the operation.
In reality, the consent form gives a very detailed description of potential complications, including "severe loss of blood, infection, cardiac arrest and other consequences that can lead to death or permanent or partial disability, which can result from any procedure." Additionally, the form states that the "physician has informed [the patient] of the . . . risks or complications involved in treatment or procedures . . . and alternative forms of treatment, including nontreatment, available." Despite the explicit language of the consent form, Ditto testified that she was unable to understand any of the warnings or explanations. Nevertheless, Dr. McCurdy believed that Ditto could speak English well enough to read and comprehend the consent form's contents. But he did not ask Ditto whether she could actually read or understand the consent form.
After signing the consent form, Ditto was placed under general anesthesia and underwent the first of what would ultimately be seven surgical procedures. During the first procedure, Dr. McCurdy inserted the silicone implants. Shortly after regaining consciousness, Ditto experienced severe pain in her right breast. Dr. McCurdy diagnosed the pain as a hematoma (internal bleeding) and immediately placed Ditto under general anesthesia again to surgically repair the hematoma.
While recovering from the second surgery, Dr. McCurdy examined Ditto, determined that the bleeding was under control, and told her she could go home. She testified that she asked to stay in the recovery room a "little while longer," but Dr. McCurdy refused, explaining that he had a number of patients who needed to use the recovery room. Although the precise manner of her discharge was disputed by Dr. McCurdy during his testimony, Ditto was subsequently sent home with antibiotics and painkillers.
Later in the afternoon, Ditto had recurring pain in both breasts. She then returned to Dr. McCurdy's office for her third surgery of the day. After awakening from general anesthesia, Ditto immediately went home.
Over the course of the next ten days, from approximately the 4th through the 14th of November, Ditto visited Dr. McCurdy's office numerous times for follow-up appointments. During this period, the incision on her right breast was not healing properly and was ultimately re-sutured by Dr. McCurdy.
On November 15, 1986, Ditto, who was concerned with the condition of her right breast, visited a general practitioner named Dr. Ronald Perry (Dr. Perry). Dr. Perry determined that her breast was infected and prescribed an antibiotic.
From approximately January through April of 1987, Ditto's breasts began to harden. Ditto testified that Dr. McCurdy, for the first time,
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Hawaii Personal Injury Attorneys
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