California Jury Returns Defense Verdict in Medical Negligence Case Involving Organ Removal Without Consent

Mayra G. Higareda Garcia v. William F. Davis, M.D.

On May 08, 2024, the California jury returned a defense verdict in the present medical malpractice lawsuit stating they did not find any negligence on Dr. William Davis' part in the treatment or diagnosis of the Plaintiff patient.

Case Background

On December 18, 2019, Plaintiff Mayra G. Higareda Garcia filed a medical negligence lawsuit against Dr William Davis before the California State, Orange County, Superior Court. Hon. Michael J. Strickroth presided over this lawsuit. [Case number: 30-2019-01119117]

Cause

On September 7, 2018, Plaintiff Mayra G. Higareda Garcia, aged 24, underwent bilateral tubal fulguration surgery performed by Dr. Ana Sanchez. Later, on September 20, 2018, she was rushed to Orange County Global Medical Center's emergency room with severe right lower quadrant abdominal pain rated 8 out of 10. A CT scan suggested a perforated appendix, though it could not rule out ovarian torsion. A subsequent pelvic ultrasound excluded ovarian torsion, favoring a perforated appendix as the likely cause. Defendant Dr. William Davis consulted as a surgical specialist, informed the patient that she likely had a perforated appendix, and obtained consent for a laparoscopic appendectomy. He mentioned a 10-15% chance of alternative sources for the pain, possibly involving the right fallopian tube and ovary, which the patient disputed but was not documented. Dr. Davis performed the laparoscopic appendectomy, finding the appendix intact and normal. He then addressed dense adhesions in the right deep pelvis, deciding to remove the inflamed right fallopian tube and ovary due to perceived infection. Unable to complete this laparoscopically, he convert