A 73-year old female patient with chronic leg and buttock pain for the past year sued an orthopedic surgeon for medical negligence and battery following a lumbar micro-decompression.

Our office knocked out the battery cause of action on demurrer. The patient's husband, himself a retired surgeon, sued for loss of consortium. The patient alleged that her consent for the surgery was conditioned on the attending performing it, that a resident actually performed it instead, and that the surgery was performed negligently. When her pre-operative symptoms did not improve post-operatively, she underwent a re-operation by an outside surgeon. During that surgery, residual nerve root compression and disk fragments were found. With reason to believe that the plaintiffs had retained the outside surgeon as their expert expert, we located and retained the surgeon who trained plaintiffs' expert. After we moved for summary judgment using our expert's declaration, plaintiffs dismissed the entire case with prejudice in exchange for a waiver of costs.