Bartlett

Bartlett v. Ahmad CA4/1

Good Law
Court of Appeal of CaliforniaSeptember 13, 2024D083788California3,295 words

Opinion

Opinion

Rubin, J.

I. INTRODUCTION

A jury awarded David Bartlett damages in a medical malpractice lawsuit against Sohail Ahmad, M.D., and Desert Spine Sport & Joint Center (collectively Respondents). Finding insufficient evidence of causation, the trial court granted Respondents’ motion for a new trial. Bartlett appeals from that order, claiming it violates Code of Civil Procedure section 6571 by failing to address both grounds for negligence he submitted to the jury. We agree and reverse the order.

II. BACKGROUND

On October 31, 2016, Dr. Ahmad performed surgery on Bartlett’s right knee at Desert Spine Sport & Joint Center. That surgery included a partial knee replacement, in which Dr. Ahmad implanted a three-piece prosthetic consisting of a femoral component, a tibial component, and a polyethylene liner in between. Bartlett went to the emergency room twice in the following week because his surgical incision bled. Those trips occurred on October 31, 2016, several hours after the surgery, and November 4, 2016. Both times the attending physicians did not observe any signs of infection at the incision site. Bartlett also went to Desert Orthopedic Center on November 8, 2016, where a physician’s…

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