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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
8/1/1994 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Laminotomy on Healthy Disc |
Result: |
$350,000 |
Case Name: |
Palacios v. Alan Horowitch, M.D. |
Facts: |
In April of 1991, 47-year-old Alfredo Palacios, a clerical worker, suffered a work-related L5/S1 disc herniation. Plaintiff presented to defendant Alan Horowitch, M.D., who recommended surgery, which was performed on January 9, 1992. At that time, defendant intended to perform an L5/S1 hemilaminotomy, but inadvertently performed a laminotomy and diskectomy on plaintiff's previously healthy disc at L4-5. Thereafter, plaintiff suffered a new herniation at the L4-5 disc.
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| Injury/Injuries: |
Residual leg and back pain; loss of consortium by wife.
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| Contentions: |
Plaintiffs contended that defendant violated the standard of care in performing surgery at the wrong level.
Past Medicals: $150,000 (all covered)
Future Medicals: Not claimed
Future Lost Earnings: $300,000-$400,000 (disputed)
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| Special Notes: |
Plaintiff
remains entitled to Workers' Compensation
benefits in regard to his original disc
injury.
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