Jones

FACTS AND PROCEDURAL HISTORY

The Trial On July 10, 2007, respondent performed a "plug and "patch" surgery to repair an inguinal hernia in appellant's left groin area. The procedure consists of placing a "plug" in the hernia, which is then "patched" with mesh that can be permeated by human tissue. In accordance with his training, respondent tied the "tails" of the patch together with a single stitch placed behind appellant's spermatic cord. No stitching or other method was utilized to anchor the patch to appellant's body. The promotional materials for the plug and patch procedure indicate the surgery is relatively pain free and that complications are rare; 95 percent of patients are able to return to their normal activities within three days of the surgery. There is a risk, however, that the patch will migrate or roll, which can cause irritation and lead to scarring of the surrounding nerves. The day after the surgery, appellant complained of pain in his inner left thigh, scrotum and penis. Based on his experience, respondent concluded that appellant was experiencing typical post-operative pain and that no follow-up was necessary. When appellant visited respondent…