A 63-year-old Colorado orthopedic surgeon who had been named as a defendant in three pending Colorado medical malpractice cases has now been named as a medical malpractice defendant in two more recently filed medical malpractice cases. He also has pending against him numerous felony charges that allege that he committed identity theft and illegally obtained controlled substances by fraud or deceit that involve allegations that he wrote prescriptions for himself for sleep medications over a period of three years.
In one of the two most recently filed Colorado medical malpractice lawsuits naming the Colorado orthopedic surgeon as a defendant, the plaintiff alleges that the orthopedic surgeon, who performed a painful and dangerous surgery on her in April 2015, fraudulently fabricated medical conditions to justify the surgery that was performed without her informed consent, and that the defendant used bone screws that were too long during the surgery that left her in excruciating pain that the defendant failed to properly address.
In the other recently filed Colorado medical malpractice lawsuit against the defendant orthopedic surgeon, the out-of-state plaintiff alleges that the defendant convinced him to allow the surgeon to perform a very extensive and risky spine surgery on him in May 2015 that was medically unnecessary and performed without his informed consent. The plaintiff alleges that the defendant orthopedic surgeon convinced him to have the surgery by telling him that the procedure was a simple and easy procedure for the surgeon to perform, citing his extensive experience with performing the procedure approximately 1,300 times with only thirteen incidences of failure and only one or two occurrences of infection.
The plaintiff alleges in his Colorado medical malpractice lawsuit that, in reality, a large number of the defendant orthopedic surgeon’s patients have experienced post-surgical infections and surgical failures. The plaintiff himself suffered a post-surgical infection for which the defendant orthopedic surgeon allegedly failed to provide the appropriate treatment. The plaintiff alleges that he now uses a catheter and he falls due to pain extending down his left leg into his foot.
Another Colorado medical malpractice lawsuit filed against the orthopedic surgeon was recently amended and alleges that the defendant orthopedic surgeon fabricated physical findings to justify performing unnecessary surgery on the plaintiff. The lawsuit further alleges that the defendant orthopedic surgeon uses the same language in his reports for multiple patients regardless of each patient’s physical findings or pre-operative presentation.
On May 13, 2016, the orthopedic surgeon entered into a “Non-Disciplinary Interim Cessation of Practice Agreement” (“Agreement”) with the Colorado Medical Board (“Board”) in which the orthopedic surgeon agreed to not perform any act requiring a license issued by the Board as long as the Agreement is in effect. The Agreement was entered into after the Board had received information and materials regarding three decompression surgeries performed by the orthopedic surgeon between March 29, 2016 and April 6, 2016 in which he placed implants at the wrong level of the patient’s spine that he later placed at the correct levels. The orthopedic surgeon’s operative reports failed to document the wrong-level placements of the implants but rather affirmatively identified that the wrong-level procedures were intentionally made.
If you or a loved one suffered serious harm as a result of medical negligence in Colorado or in another U.S. state, you should promptly find a Colorado medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical negligence claim for you and represent you in a medical malpractice case, if appropriate.
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