 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hallman v. Dela Cruz8/11/2005
UNPUBLISHED
Before: Whitbeck, C.J., and Sawyer and Fitzgerald, JJ.
Plaintiffs Jennifer Hallman and Matthew Johnstone sued defendants Fanny Dela Cruz, M.D.; West Bloomfield Plastic Surgery Center, P.C.; and Michigan Lasergraft Center, P.C.; for medical malpractice after Hallman developed complications from breast augmentation surgery. Hallman appeals by leave granted from the trial court's orders striking Hallman's expert witness after a motion in limine and denying Hallman's motion for reconsideration. We reverse and remand. We decide this case without oral argument pursuant to MCR 7.214(E).
I. Basic Facts And Procedural History
In January 2000, Dela Cruz performed breast augmentation surgery on Hallman using a transumbilical breast augmentation (TUBA) procedure, which involves making an incision in the umbilical area and creating a tunnel to reach the breast area where implants are inserted and then filled with saline. Dela Cruz performed the initial consultation with Hallman at Michigan Lasergraft Center, P.C., and performed much of the follow-up care at West Bloomfield Plastic Surgery Center, P.C. Complications, such as numbness and rippling of the right breast tissue, arose soon after the procedure. Dela Cruz performed a second surgery using an inframammary incision to replace the implant. When the same complications arose again, Hallman consulted with a different plastic surgeon who performed a third surgery to correct the problems. During this surgery, it was discovered that the right implant was located in the subcutaneous plane, which is just below the skin and above the breast gland, rather than in the subglandular plane, which is below the breast gland.
Hallman's complaint alleges that Dela Cruz was liable for negligence and malpractice in the following particulars:
a. Performing bilateral transumbilical retroglandular augmentation mammoplasty in such a manner that the right breast implant was placed in an improper plane between the skin and breast tissue;
b. Failing to use an endoscope to verify the placement of the implant during the surgical procedure;
c. Failing to provide proper follow up treatment despite repeated complaints by Plaintiff Jennifer Ann Hallman regarding loss of sensation and improper appearance;
d. Failing to rectify the improper placement of the right breast implant; and
e. Other acts of negligence that may be disclosed through the course of discovery.
Hallman offered expert witness testimony by Richard Ehrlichman, M.D., who is board certified in the field of plastic surgery. Ehrlichman is also active in the clinical practice of plastic surgery and, along with a partner, runs the residence plastic surgical clinic at Beth Israel Hospital, which is a teaching hospital at Harvard Medical School. Ehrlichman has never performed or assisted in a TUBA procedure for breast augmentation. Instead, Ehrlichman uses the inframammary technique.
Ehrlichman provided an affidavit, stating:
Regardless of the surgical technique used to insert a breast implant, the applicable standard of care required that the breast implant be inserted directly under the breast tissue or beneath the chest wall muscle.
Regardless of the surgical technique used to insert a breast implant, placement of the breast implant between the skin and breast tissue is inappropriate and in violation of the applicable standard of care for breast augmentation surgery.
Regardless of the surgical technique used to insert a breast implant, the applicable standard of care required that the position of the breast implant be verifi
Page 1 2 3 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|