Rice v. Brakel, M.D.

310 P.3d 16 (2013)

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Nature of the Case

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Facts

P underwent spinal surgery on his S1 and L5 nerve roots to relieve pain in his right leg. P also was experiencing pain in his left leg before the surgery. D, a neurosurgeon, performed the surgery. The surgery relieved pain in his right leg but increased the pain in his left leg. An MRI from 2010 indicated that P had scar tissue surrounding one nerve root, and an exam in March of that year showed fibrillation and insertion potentials consistent with L5 or S1 radiculopathy on the left side. After an exam in October 2011, one of P's doctors concluded there was 'probable operative injury to S1 nerve root and postoperative scar affecting L5 nerve root.' In July 2010, P checked the disciplinary history D. D had a dependency on unprescribed prescription drugs including morphine, Dilaudid, and Percocet right around the time of P's July 2007 surgery, and that sometime after the surgery D had been reprimanded by the board and placed on probation for five years. D obtained some of these drugs by stealing them from his patients. P sued for battery, negligence, and breach of contract. D moved for summary judgment. The court granted D's motion. P appealed.