Medical Malpractice Lawsuit Filed Against Dr. Yogesh Patel
Dr. Yogesh Patel of Las Vegas Surgical Associates has been sued for a botched surgery. It is alleged that Dr. Patel and Las Vegas Surgical Associates were negligent in their care and treatment of patient George Small, Jr.
It is further alleged that defendants Dr. Patel and Las Vegas Surgical Associates breached the standard of care they owed to patient George Small Jr. by failing to provide reasonable and competent medical treatment and monitoring.
The lawsuit states that defendant Dr. Patel had a duty to adequately and properly evaluate, diagnose, and provide a competent medical care within the accepted standard of care to patient George Small Jr.
In support of allegations, the plaintiff hired the services of another Physician Surgeon, Edward Felix, M.D. who has reviewed the relevant medical records of Dr. Patel’s patient George Small Jr.
In May 2018, Dr. Patel performed left inguinal hernia repair with Pro Grip mesh. It was noted that there were no complications at the end of the case. The day after surgery, patient Small reported that he was in server pain and had a swollen left testicle. He called Dr. Patel’s office and the nurse informed Small that the testicle swelling is normal and to put ice on it. Small was further told if it doesn’t get any better in three days go to the emergency room. Small was further told if it doesn’t get any better in three days then go to the emergency room. Due to
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Due to the injury, patient Small suffered and is still suffering physical and mental pain. As per the report, this was a routine uncomplicated hernia repair that should not have resulted in the loss of testicle. During the surgery, either the mesh was improperly placed, choking off the normal blood flow of the left testicle or the cord structures were miss handled resulting in the compromise of the vascular supply of the testicle. Causing a strangulated testicle under these circumstances was below the standard of care.
After reviewing all the pertinent medical records, the expert Board Certified General Surgeon Dr. Felix has opined that patient Small suffered injury and damage to within a reasonable degree of medical probability where Dr. Patel and Las Vegas Surgical Associates deviated from the accepted standard of care in the treatment of Small.
At the same time defendant, Patel and the Surgical Associates believe that the injuries and damages, if any, complained of by the George Small, Jr. were unforeseeable and at all relevant times, these defendants were acting in good faith and not with recklessness, oppression fraud or malice.
Dr. Yogesh Patel is a graduate of Ross University School of Medicine, West Indies and completed the medical internship and residency at the Kern Medical Center, Bakersfield.
There was lack of adequate follow up that resulted in worst results. Expect 500K settlement
Let me start by saying that I have physically seen Dr. Patel operate and can say confidently that he is, technically, one of the best general surgeons in the Las Vegas Valley. Furthermore, he is a family man and a good person.
Unlike this so called expert witness, I have no financial benefit in saying what I have just stated. In fact, I would not be surprised if Dr. Felix receives $5000 for a few hours in his role in all of this. Unfortunately and in general, attorneys do not pay expert witnesses to tell the truth…only to help their case in an attempt to settle out of court to get the “easy” money. I also find it rather unprofessional of Dr. Felix to comment in this forum, especially in an ongoing case which he is involved with. He states that “there was a lack of adequate follow-up that resulted in worst results”. Would “worst” results not be permanent paralysis or death? If this simple comment is incorrect, I can only imagine the accuracy of his professional opinion for which he is getting paid so handsomely.
It is certainly unfortunate that this patient had a poor outcome and I am not trying to downplay any of his strife; however, it is very important for everyone to know that a complication of surgery does not necessarily constitute medical malpractice. I am sure that this patient had signed a surgical informed consent (as all patients are required to do prior to any procedure) where he was told that any number of complications could arise from surgery. Physicians are not God and they do not have a magic wand, so it is unrealistic to expect perfection every time.
According to the article, it would seem that the patient followed the timely advice given to him by Dr. Patel’s office and went to the emergency room where he was seen, evaluated, and treated by a very competent urologist. Again, not to downplay any of the patient’s unfortunate outcome, but it would seem the Dr. Patel is yet another good physician whose name is being dragged through the mud because of the current medical-legal system which is biased against doctors.
On a side note, it is my belief that articles written like this are more intended to create gossip than to inform the public of what is newsworthy. At the very least and if you must, these types of articles should be written only after any final outcome has been delivered because, otherwise, if the doctor is determined to be not at fault, his/her reputation still remains damaged. As Indian-Americans, there are many forces in play that make success for ourselves and our children more difficult than it needs to be. We should not be adding fuel to this fire.
Generally expert witnesses are nothing but liars paid by prosecution or defense. This law suite seems frivolous, but we can’t judge without having complete knowledge of the case.