A San Diego Superior Court jury found in favor of UCSD Medical Center, rejecting claims from a patient that he awakened during surgery due to the anesthesiologist's fentanyl addiction
After five weeks of testimony it took a San Diego Superior Court jury just a day to clear UCSD Medical Center and a former anesthesiologist of accusations by a patient who said he awakened during surgery.
The couple claimed in the suit that UCSD covered up that fact from them for months, falsified records of the procedure, and had allowed Hay to continue to work though he had a decade earlier been treated for his addiction at an outpatient clinic. Jurors accepted that defense and rejected Dalo’s claims of battery, fraud by concealment, and breach of the duty of patient care owed to Dalo. Eugene Iredale, the lawyer for the couple, said the case was not over.
“There is no way physiologically possible that Mr. Dalo was awake,” Michael Weiss, the lawyer for UCSD, said emphatically in closing argument Wednesday. Iredale argued that even if Dalo had not awakened the hospital was at fault in other ways. He contended that by not telling the Dalos of Hay’s addiction problems in his career that the hospital had not gotten legally adequate consent, and had violated their duty to care for patients. That, too, had caused the couple “significant emotional distress above and beyond the intraoperative awareness,” he said after the verdict.
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