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TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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My mom had lipoma removal at Kaiser, it was done by resident

Customer Question

My mom had lipoma removal at Kaiser, it was done by resident physician from UCSD without supervision. Lipoma removal wound was reopened and left to heal by secondary intention. One after surgery, my mom still have pain at site and when she lift anything heavy, it would bleed. I called two local lawyer, they said" too small of case for them to take on". can i sue kaiser the health plan for admistrative negalience for not disclose surgeron was resident. My mom would never agreed to have resident work on her
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  TexLaw replied 2 years ago.

Thank you for your question.

The failure of Kaiser to disclose that the surgeon performing the surgery was a resident is not one which would be considered by the law to serve as a foundation on which you could base a legal claim, as there is no legal requirement to disclose whether or not a surgeon is a resident.

Further, the damages your mother is claiming are only related to the referenced malpractice of the surgeon. They cannot be linked to a failure to disclose (assuming the disclosure was not legal). In other words, regardless of the materiality of the failure to disclose, the lack of disclosure did not result in the injuries for which you are seeking compensation. This is what is referred to by the legal doctrine of Proximate Cause.

Pleae let me know if you have further questions regarding this matter.

TexLaw, Attorney
Satisfied Customers: 4429
Experience: Lead Personal Injury Trial Lawyer
TexLaw and 12 other Personal Injury Law Specialists are ready to help you
Customer: replied 2 years ago.

what about breech of contracts, I reviewed kaisers evidence of coverage with health plans, it claimed their net work providers are paid for the plan. This is case a UCSD resident is a not network provider and should not be giving care

Expert:  TexLaw replied 2 years ago.
I'm not sure how you mean. First of all, you state that a resident performed the surgery, but this does not mean that the resident is not qualified to perform the surgery. Second, a resident is an employee of the hospital and is paid to work. I am going to be straight forward with you here, I do not believe there is a breach of contract in this case.

Customer: replied 2 years ago.

Actually this resident is from UCSD, not paid by Kaiser, according to residency training guidelines, all resident encounters need to identify supervisor physician to obtain informed consents. How can I sue kaiser other than medical malpractice which local lawyers deemed "too small to work wih"

Expert:  TexLaw replied 2 years ago.
I do not believe you have any other cause of action apart from a potential malpractice claim against Kaiser. I'll opt out and allow another expert to chime in if they have any ideas.

Best of Luck,
Expert:  California Lawyer replied 2 years ago.


I agree with the previous professional. I don't believe there is any duty to disclose the status of the doctor who provided service, and I do not think that you can link it to an injury even if there was. Further, unless the damages you are claiming are substantial (and you can link them only to this breach [if there was one]) then the cost of litigation would greatly overexceed any recovery you might get.

Lastly, the fact the the procedure did not have the outcome you wanted, does not mean that the doctor did anything wrong.

I hope this helps.


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