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Dan Hodes/Hodes Milman Liebeck Represents Plaintiffs Against Caduceus Medical Group Doctor for Medical Negligence and Battery

ORANGE COUNTY, CA – Martha Ditonto, a 58-year-old resident of Yorba Linda, filed suit in Orange County Superior Court against Dr. Gerald Cara of Caduceus Medical Group for alleged medical negligence and battery.  Dr. Cara testified that he forgot that he was to perform DeQuervain’s tendonitis surgery on Ms. Dintonto’s thumb and instead mistakenly operated on her perfectly fine wrist.  Dan Hodes, with the personal injury firm Hodes Milman Liebeck, is representing Ms. Ditonto.

“It has been more than five months since Ms. Ditonto’s unnecessary surgery,” said Mr. Hodes. “She continues to undergo intensive physical therapy and remains in considerable pain.”

Ms. Ditonto developed pain at the base of her right thumb in June 2008.  After physical therapy at Caduceus Medical Group provided no relief, Dr. Cara recommended surgery.  His office scheduled the surgery at Placentia Linda Community Hospital for May 20, 2009; however it was scheduled as surgery for carpel tunnel on the wrist instead of an operation for DeQuervain’s tendonitis of the thumb.  On May 13, the error was caught at a pre-operative office visit and corrected.

A week later, the operating room schedule still indicated a scheduled carpal tunnel surgery.  Dr. Cara testified that he forgot that he was to perform surgery for tendonitis and proceeded to operate on Ms. Ditonto’s wrist rather than her thumb.  It was not until a post-operative visit on May 27, when Ms. Ditonto’s splint was removed, that Dr. Cara realized he had performed the wrong surgery.

A hearing regarding punitive damages has been set for November 6, 2009.