IHP 420 Case Study: Medical Malpractice Analysis of ITURRALDE Case

This case study examines the medical malpractice lawsuit of Arturo Iturralde against Dr. Ricketson and Hilo Medical Center (HMC) following a spinal fusion surgery where an inappropriate stainless steel screwdriver was used instead of titanium rods, leading to infection and subsequent surgeries, ulti...Read More

Running head: MEDICAL
Medical
Name of the Student
Name of the University
Author Note

1MEDICAL
ITURRALDE v. HILO MEDICAL CENTER USA SCWC – 28792
Introduction
This case was instituted by the plaintiff Arturo Iturralde against Dr. Ricketson and the
HMC regarding a medical negligence. Arturo was a patient admitted in HMC for an
diagnosis of weakness in his legs owing to which he has suffered several falls. He was
assigned with a doctor, namely Dr. Ricketson for the treatment of the same by the HMC, who
was an orthopaedic surgeon enjoying credentials. He advised Arturo to undergo a spinal
fusion surgery. This surgery was mainly an implantation of two titanium rods within the
spine to create a bilateral fixation. The operation was arranged in the HMC. During the
operation the kit that was ordered by Mr. Ricketson did not have the titanium rods that was
supposed to be implanted. The hospital called the supplier of the kit to supply the rods and
the supplier informed that they can make the supply within ninety minutes. Dr. Ricketson
refused to delay the operation waiting for the rods and started it without the rod. He used a
stainless screwdriver in place of titanium rods. One of the nurse present during that surgery
was aware of the fact and informed the hospital authority, but the hospital authority failed to
take any steps. The stainless screwdriver was implanted, which later on turned into an
infection. This has led to two more surgeries to be performed to the spine Arturo, which after
two years resulted in the death of the patient.
Medical Malpractice Component
This case falls under purview of medical negligence. Dr. Ricketson breached his duty of
care, which he needed to exercise as a medical practitioner. As a medical practitioner the
doctor was required to take proper care of his patient and the equipment that was needed for

2MEDICAL
the surgery, which Dr. Ricketson was failed to ensure. This is a violation of the professional
ethics relating to medical profession.
The HMC was also made aware of the incident by a nurse. But the HMC failed to act upon
the same and refused to communicate it to the patient. The HMC contended that the doctor
must communicate the same and denied every liability for communicating the same to the
patient.
The doctor has many past records of such malpractice. He has many medical malpractice
cases in his previous employments. The HMC hired the doctor instead of such records and
the doctor was enjoying credentials. This was a breach of standard care that the medical
centre was supposed to maintain. Moreover, their failure to communicate the same to the
patient added to their negligent actions.
The Circuit Court held that both the doctor and the HMC were responsible for the damage
and were both severally liable to pay damages. The judge awarded $2.2 million as a
compensation to the family of the patient and $3.4 million as punitive damages. The amount
must be contributed by both the HMC and the doctor. The family was provided with a total of
$5.6 million.

3MEDICAL
Reference
ITURRALDE v. HILO MEDICAL CENTER USA SCWC – 28792
Rao, P. P. (2016). 40_Law of Medical Negligence and Compensation (1996).