Deborah K Davis, Et Al. vs. Leslie Memsic, MD, Et Al.

Case Background

On November 25, 2019, Deborah K. Davis and her husband, Richard F. Davis filed a medical malpractice lawsuit against Leslie Memsic M.D. et al. alleging negligence and fraud before the California Superior Court, Los Angeles County. Judge Lisa K. Sepe Wiesenfeld presided over this case. [Case number: 19STCV42419]

Cause

On November 28, 2018, Plaintiff Deborah underwent surgery with Defendant Leslie Memsic at Innova Surgery Center. The procedures included hernia repair, diastasis rectus repair, and a tummy tuck.

Defendant Memsic consistently claimed during pre-surgical visits that she had the same skills and experience as a board-certified plastic surgeon. However, on November 28, 2018, Memsic allegedly did not complete the hernia and diastasis rectus repairs properly. She allegedly performed a different procedure instead of the proposed tummy tuck. Deborah and her family did not consent to this unapproved procedure at Innova or to the high-risk methods used.

Between November 28, 2018, and December 5, 2018, Defendants Cassileth and Serenity administered Demerol to Deborah without proper consent. Cassileth was not her treating physician, had not examined Deborah, and did not have permission to administer the drug.

After December 5, 2018, Deborah returned to the Defendants for treatment of issues caused by the previous surgery. The Defendants again failed to offer proper diagnosis and care, leading to further harm and suffering. Defendants Spaciano, Lakhoo, Genesis, and Cedars allowed or failed to prevent unnecessary and sometimes violent interactions with Deborah by medical staff. During surgery, Memsic and others acted negligently, resulting in severe abdominal damage and requiring extensive reconstructive surgery.

In March 2019, Memsic received a CT scan showing a ventral hernia with part of Deborah’s colon protruding. She did not share this information or the scan with Deborah. Instead, Memsic falsely claimed that Deborah had no hernia and that her condition was merely cosmetic. Memsic concealed the dangerous hernia to mislead Deborah into undergoing further surgery and to justify insurance claims.

Additionally, Memsic’s records inaccurately labeled Deborah as “stoned,” implying drug abuse. This statement was untrue and damaging to Deborah’s reputation and health.

Defendant Lakhoo used the medical records to advise against treating Deborah in the future, labeling her as an undesirable patient. These statements were claimed to be untrue. These false statements by Memsic and Lakhoo were included in Deborah’s medical records and shared with various parties, including future employers and insurers.

Injury

As a direct consequence of the Defendants’ negligence, carelessness, and lack of skill, Plaintiff Deborah endured physical injuries, humiliation, and emotional distress. Plaintiff Deborah was under severe mental anguish due to the Defendants’ alleged outrageous conduct.

The Defendants’ actions were outrageous, intentional, and deliberate. Their conduct showed a conscious disregard for the likelihood of causing severe mental anguish, humiliation, and emotional distress to the Plaintiff.

Damages

Due to the malfeasance of the Defendants, Plaintiff allegedly suffered physical injuries and harm. This resulted in both economic and non-economic injuries, as well as past and future loss of earnings and diminished earning capacity.

As a direct result of the Defendants’ negligence and lack of skill, the Plaintiffs claimed that they were entitled to prejudgment interest under Code of Civil Procedure Section 998 and Civil Code Section 3291.

Plaintiffs were also entitled to punitive and exemplary damages. These damages aimed to punish the Defendants for their misconduct and deter similar actions in the future.

Furthermore, as a direct consequence of the Defendants’ actions, Plaintiff Richard experienced the loss of love, companionship, comfort, and sexual relations with his wife, Plaintiff Deborah. He continued to be deprived of her consortium, household assistance, and child care, just as he was before her injuries. He sought general, special, and punitive damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Deborah K. Davis | Richard F. Davis
    • Counsel for Plaintiff(s): James West
  • Defendant(s): Leslie Memsic M.D. | Lisa Cassileth M.D. | Lauren Spaciano D.O. | Innova Surgery Center | Serenity Post-Surgical Recovery Center | Cedars-Sinai Hospital | Genesis Hospitalist Medical Group | Does 1 through 100, inclusive
    • Counsel for Defendant(s): Terrence J. Schafer | John Ellis

Claims

Under this lawsuit, Deborah and Richard sought damages for claims including negligence, battery, fraud, defamation, reckless and intentional infliction of emotional distress, and loss of consortium against the Defendants. The negligence of the Defendants involved several issues.

First, they failed to adequately prepare for the surgery performed on Plaintiff Deborah. Second, they misrepresented their skills and experience related to the surgical procedures. Third, they misrepresented the nature of the surgical procedures to be performed.

Additionally, they did not carry out the agreed-upon procedures. Their performance of the surgeries was incompetent, and they failed to properly evaluate and monitor the results. They also neglected to monitor critical health information, such as oxygen levels reported by post-operative caregivers and did not diagnose critically low oxygenation based on these reports.

Furthermore, Defendant Memsic referred Plaintiff Deborah to Cedars-Sinai Hospital, despite knowing it had severe medical service issues and complaints. Lastly, they did not provide Plaintiff with a post-operative CT scan that revealed a dangerous hernia. They also failed to inform the Plaintiffs about the hernia or its health risks and misrepresented the scan’s findings as non-medical and cosmetic.

Defense

The Defendants denied any liability to the Plaintiff, arguing that there was an inherent risk that she should have known about. They also asserted that there had not been negligence and did not misrepresent or conceal any information from the Plaintiffs regarding medical care or treatment.

Jury Verdict

On July 17, 2024, the California jury returned a defense verdict. The jury held that Leslie Mesmic had not been negligent in the diagnosis of the Plaintiff. The jury also decided in favor of Mesmic on the claims of intentional infliction of emotional distress and fraud or intentional misrepresentation.

On July 30, 2024, Judge Lisa K. Sepe Wiesenfeld entered a judgment based on the jury’s special verdict, allowing the Defendants to recover costs as outlined in the bill.

Court Documents:

Available upon request