Alana Rosenberg et al. vs. Tristan Emily Bickman, M.D. et al.

Case Background

On October 20, 2017, Plaintiffs Alana and Daryl Rosenberg filed a medical malpractice lawsuit alleging medical battery and breach of fiduciary duty by two healthcare practitioners at UCLA Medical Center for performing an allegedly non-consensual hysterectomy.

The case was filed in the California Superior Court, Los Angeles County. Judges Lisa K Sepe-Wiesenfeld, Craig D. Karlan,  Rafael A. Ongkeko, and Laura A. Seigle presided over this case. [Case number: BC680475]

Cause

On October 29, 2016, while Alana Rosenberg, a 29-year-old patient, was undergoing a Cesarean section at UCLA Medical Center, Dr. Tristan Emily Bickman and Dr. Khalil M.A. Tabsh allegedly took advantage of her vulnerability. Alana had agreed to a C-section, but Dr. Bickman, allegedly without her consent, decided to perform a hysterectomy during the procedure. Alana was under anesthesia and losing blood when this additional surgery occurred, causing her permanent physical, mental, and emotional harm. Furthermore, the surgery led to damage to her bladder, compounding her injuries.

Before the procedure, Alana had expressed her wish for Dr. Tabsh not to assist, a request that Dr. Bickman agreed to but later disregarded. The doctor’s actions fell below medical standards, and Alana allegedly never authorized the hysterectomy either before or during the C-section.

Injury

Alana suffered serious and permanent physical, mental, and emotional injuries, including the loss of her ability to have more children, bladder puncture, and severe emotional distress, caused by the offensive nature of the medical procedures.

Damages

Alana and Daryl Rosenberg sought damages for all causes of action as follows: First, they requested economic damages, both past and future, as supported by evidence. Second, they sought non-economic damages, past and future, according to proof. Third, they asked for prejudgment interest, as allowed by law. Lastly, they requested any additional relief the Court deemed just and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Alana Rosenberg | Daryl Rosenberg
    • Counsel for Plaintiff(s): David Peter Cwiklo
    • Experts for Plaintiff(s): Michelle Conover, Ph.D. | Felice Gersh, MD
  • Defendant(s): Dr. Tristan Emily Bickman | The Regents of the University of California | Dr. Khalil M.A. Tabsh

Claims

Plaintiffs included the following claims in their lawsuit:

First Cause of Action: Medical Malpractice (Negligence)
Defendants Bickman, Tabsh, and Regents-UCLA, as licensed healthcare professionals, were responsible for providing competent and skilled care to Alana Rosenberg. On October 29, 2016, Alana was under their care for the delivery of her child. Despite her request, Bickman allowed Tabsh to assist in the Cesarean section. During the procedure, Bickman performed an unauthorized hysterectomy while Alana was under anesthesia, causing permanent harm. Additionally, Bickman or Tabsh injured her bladder, resulting in further physical and emotional damage. This conduct fell below the standard of care and caused Alana serious and permanent injuries, both physically and emotionally.

Second Cause of Action: Medical Battery
Bickman and Tabsh performed an unnecessary and unconsented procedure, removing Alana’s uterus without authorization. This physical intrusion caused further harm when they also damaged her bladder. The conduct was an intentional misuse of their professional status and a violation of Alana’s right to autonomy over her body, resulting in significant emotional and physical distress.

Third Cause of Action: Breach of Fiduciary Duty
As healthcare providers, Bickman, Tabsh, and Regents-UCLA owed Alana the highest duty of care, acting in her best interests. They breached this duty by performing unauthorized procedures, misusing their professional status, and causing significant harm to her.

Fourth Cause of Action: Negligent Infliction of Emotional Distress
Defendants Bickman, Tabsh, and Regents-UCLA negligently inflicted emotional distress upon Alana by performing an unconsented and unnecessary procedure. The unanticipated and traumatic removal of her uterus, along with the subsequent physical injuries, caused significant emotional distress, including anxiety, depression, and post-traumatic stress. The distress was a direct result of the negligent medical care and the violation of her autonomy during the surgery.

Fifth Cause of Action: Loss of Consortium
As a result of Alana’s injuries, her husband, Daryl Rosenberg, suffered loss of companionship, affection, and emotional distress.

Defense

Defendants, Dr. Tristan Emily Bickman responded to the Complaint by denying the allegations and asserting that the Plaintiffs’ injuries were caused by their own negligence and that of third parties. They argued that any recovery should be reduced based on the plaintiffs’ and others’ faults. The Defendants cited several California statutes, including Proposition 51 and Civil Code § 1714.8, to limit their liability. They also claimed the Complaint lacked sufficient grounds for relief and was barred by the statute of limitations. If found liable, the Defendants sought an offset for any prior settlements or judgments. They requested contributions from any co-defendants in case of a joint judgment. The Defendants also noted that fee limitations under Business and Professions Code § 6146 would apply.

Additionally, the Defendants contended that the Plaintiffs failed to mitigate their damages and had been fully informed of the risks involved in the medical treatment. They invoked immunity under various provisions of the Business and Professions Code and Health and Safety Code. The Defendants emphasized that the plaintiffs had agreed to arbitrate any disputes and requested the case be moved to arbitration. They also argued that the procedure performed on the plaintiffs was simple and low-risk, so they were not obligated to inform the plaintiffs of potential dangers.

The Defendants further claimed that the plaintiffs failed to mitigate their damages by not obtaining health insurance coverage under the Affordable Care Act. Finally, they requested the court to dismiss the case and award them costs.

Expert Testimony

In support of their claims and defenses, both parties presented expert testimony. The Plaintiffs relied on the expertise of Dr. Michelle Conover and Dr. Felice Gersh.

The Defendants called upon their own experts, including Dr. Dennis J. Buchanan, Dr. Joanna M. Hamilton, and Dr. James A. Macer, an obstetrician and gynecologist.

Jury Verdict

On October 07, 2024, a jury of 12 members, along with 3 alternates, determined that Defendants Tristan Bickman, M.D., and Khalil Tabsh, M.D., were not negligent in the treatment or diagnosis of Alana Rosenberg. They also found that Rosenberg had provided her informed consent for the hysterectomy. A defense verdict was entered.

On October 28, 2024, Honorable Lisa K. Sepe-Wiesenfeld entered a judgment consistent with the verdict.

Court Documents:

Available for purchase upon request