Nancy Reyes vs. Richard Feldman, Et Al.

Case Background

On June 17, 2019, Plaintiff Nancy Reyes filed a malpractice case against her spine doctor, Richard J. Feldman, alleging medical negligence and breach of standard of care owed. The case was heard before the California Superior Court, Los Angeles County. [Case number: 19STCV20969]

Cause

Nancy Reyes, the Plaintiff, was born on November 12, 1958. She first visited Dr. Richard J. Feldman in July 2017 due to a slip and fall injury at work. At that time, she reported back pain but no numbness. Despite her medical issues, she managed relatively well until later events.

Feldman diagnosed her with spinal stenosis and intervertebral disc displacement. He prescribed Ultram and recommended chiropractic care, along with an X-ray. During follow-up visits in November 2017, Reyes continued to report pain. Feldman suggested a selective nerve root block procedure, scheduled for December 26, 2017.

On that date, Reyes underwent the procedure at Providence Saint Joseph Medical Center, where Feldman administered anesthesia to alleviate her pain. However, by January 2018, Reyes reported only slight relief and increased pain. Consequently, Feldman recommended a microdiscectomy.

On February 1, 2018, Reyes noted worsening pain and ineffective medication. Feldman ordered an MRI, which led to the conclusion that she required surgery on her L3-L4 disc. She underwent this surgery on March 6, 2018.

Following her surgery, Reyes experienced ongoing pain and swelling, which Feldman attributed to inflammation. Despite follow-up appointments and additional treatments, her symptoms persisted. On April 5, 2018, he prescribed antibiotics and pain medication.

On June 12, 2018, Reyes had another surgery for her L4-5 disc. However, her condition did not improve, and she remained hospitalized longer than expected. Feldman’s comments about insurance limits caused her emotional distress.

After further evaluations by other doctors, including Gabriel Hunt, Reyes began to question the effectiveness of her surgeries. By November 2018, it became clear that she would need ongoing rehabilitation.

Ultimately, Reyes believed that she would not regain full mobility and that Feldman had failed to provide adequate care, leading to serious injuries that impacted her daily life.

Injury

Due to the Defendants’ medical negligence, they failed to apply the appropriate skill, knowledge, and care in their treatment. As a result, the Plaintiff sustained injuries that negatively impacted her health, strength, and daily activities. These injuries affected her body, causing both physical and mental distress. Specifically, she experienced injuries to her right leg and lower extremities, which impaired her ability to move and walk freely.

Damages

As a direct result of Defendant’s professional negligence, Plaintiff had to seek care from other surgeons and healthcare providers. These professionals examined and treated her injuries, leading to significant medical expenses. The Plaintiff believed she would face additional costs in the future. Due to the medical negligence, she suffered pain, suffering, inconvenience, and permanent physical impairment, for which she sought compensation.

The Plaintiff’s primary reaction included feelings of humiliation and shock from her situation. Additionally, she experienced secondary emotional responses, such as severe anxiety due to her inability to move normally. This anxiety led to fear, fatigue, and nausea.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Nancy Reyes
    • Counsel for Plaintiff(s): Steve C. Glickman | Morgan A. Metzger
  • Defendant(s): Richard J. Feldman | Does 1-25
    • Counsel for Defendant(s): Kent T. Brandmeyer | Bradley C. Clark

Claims

The Plaintiff alleged medical malpractice against all Defendants. On June 12, 2018, the Plaintiff claimed that the Defendants failed to exercise the necessary knowledge and skills. They acted negligently and carelessly in providing supervision, care, examination, and treatment, which resulted in pain and permanent injuries.

The Plaintiff argued that the Defendants breached their duty to deliver appropriate care. They did not use the skill and diligence typically expected from reputable professionals in similar situations. Additionally, the Defendants failed to apply reasonable judgment in their medical practices.

Moreover, the Defendants did not exercise due care when screening, hiring, supervising, and retaining employees or agents acting on their behalf. This negligence contributed to the Plaintiff’s suffering and injuries, highlighting a significant lapse in the standard of care expected in the medical profession.

Defense

Defendant denied all allegations of medical negligence, asserting that any events related to Plaintiff’s complaint resulted primarily from Plaintiff’s own negligence or legal fault. The Defendant further contended that other individuals or entities, not including the Plaintiff, also contributed to these issues.

Defendant emphasized that Plaintiff underwent a straightforward procedure, which typically does not carry significant risks. Therefore, Defendant argued that there was no obligation to inform Plaintiff about potential risks associated with this simple procedure.

Jury Verdict

On May 06, 2024, a twelve-person LA jury returned a defense verdict in favor of Defendant Feldman. The jury found that there had been no negligence in the treatment and care of Plaintiff Reyes.

On June 03, 2024, Hon. Patrick T. Madden passed a judgment consistent with the verdict, ordering that Plaintiff shall recover nothing against Defendant Feldman.

Court Documents:

Available upon request