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Date: 06-08-2011

Case Style: Jim Lee v. Mark Kowalski, M.D.

Case Number: CJ-2010-6510

Judge: Daniel L. Owens

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Steven E. Clark

Defendant's Attorney: L. Earl Ogletree, Melissa A. Couch, Lane O. Krieger

Description: Jim Lee and Dianne Lee sued Mark Kowalski, M.D. and Orthopaedic and Sports Specialists, P.C. on a medical negligence (medical malpractice) and loss of consortium theories claiming that Jim Lee was operated on by Dr. Kowalski on October 9, 2007 to repair a displace femoral fracture. During the surgery, Dr. Kowalski severed the femoral artery injuring Mr. Lee. Plaintiff claimed that because of Dr. Kowalski's substandard care, he endured additional surgeries to correct the improper fixation of his left femur injury which caused extensive disability.

Defendants admitted that Dr. Kowalski cared for Jim Lee at the time described in the Plaintiff's Petition. He denied that the care and treatment provided by him was appropriate and within accepted standards of care. He specifically denied causing the injury described in Plaintiff's Petition.

Outcome: Defendants' verdict.

Plaintiff's Experts: G. Howard Bathon, M.D., Towson, Maryland

Defendant's Experts: Michael O. Williams, M.D., Edmond, Oklahoma

Comments: Editor's Note: This case clearly failed to meet the essential characteristics needed for a successful medical malpractice case in Oklahoma, which are: (1) The OMG Rule which holds that the lawyer should say: "Oh, my gosh, how did this happen?"; (2) The Buzzard Puke Rule which is that the lawyer should then say: "This is so bad it would make a buzzard puke."; (3) The million Dollar Rule which is that the case should be worth at least one million; (4) The No Warts Rule which is that the Plaintiff should not have any blemishes or warts in his or her background. Based on the allegations in the pleadings, Plaintiff's case did not satisfy the first three criteria.

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