A medical malpractice suit was filed Nov. 15 against Akira Yamamoto, MD, Lynette Tschabold, PA-C, Scott Morley and several parties under the Palo Alto (Calif.) Medical Foundation, a network of Sutter Health-affiliated physicians, Northern California Record reported Nov. 24.
The complaint was filed by James Derbin and stems from a total hip arthroplasty that took place Dec. 7, 2023, at the Palo Alto Medical Foundation ASC. The lawsuit alleges that Dr. Yamamoto's performance "fell below the applicable standard of care," according to the report. The lawsuit alleged that the surgery itself was negligent, as was the care provided by other defendants who failed to meet professional standards.
According to the lawsuit, the defendants also did not properly inspect and diagnose a dislocation in Mr. Derbin's left hip until late December 2023, which was "very likely dislocated for almost the entire postoperative period." Mr. Derbin also claims that he has had ongoing medical complications due to the procedure, requiring further medical attention and treatment. He accuses all involved parties of "failing to exercise reasonable care and skill expected of healthcare professionals."
The alleged negligence has resulted in significant mental and physical suffering for Mr. Derbin and permanent disability, according to the report.
He is seeking $25,000 in compensation, including general demands beyond the court's minimum jurisdictional limits for his injuries and suffering. He also seeks reimbursement for past and future medical expenses related to the incident, as well as compensation for past and future lost wages.
"While patient privacy laws prohibit us from commenting directly on this matter, Sutter’s Palo Alto Foundation is deeply committed to compassionate and safe patient care, and we value the trust our patients and their families place in us," said a Sutter Health spokesperson in a statement shared with Becker's. "Sutter is proud to be a nationally recognized leader in healthcare quality and, in pursuit of our community-focused mission, we are committed to providing our patients comprehensive, high-quality care."