Piccuta Law Group Obtains $150,000 Judgment Against Monterey Doctor In Medical Malpractice Case Arising from Laser Burn Injury

Piccuta Law Group Obtains $150,000 Judgment Against Monterey Doctor In Medical Malpractice Case Arising from Laser Burn Injury

On October 16, 2019, the Monterey County Superior Court entered a $150,000 judgment in a medical malpractice case handled by the Piccuta Law Group. The medical malpractice lawsuit was filed by Piccuta in 2017 on behalf of the firm’s client. The medical malpractice lawsuit alleged that the firm’s client was severely injured when a laser procedure performed on her big toe caused serious burns and required multiple skin graft procedures to repair.

The lawsuit named Dr. Michael Klassen, MD, Monterey Peninsula Orthopaedic and Sports Medicine Institute and Ashley Gabriel as defendants. Dr. Klassen was the principal and majority shareholder of Monterey Peninsula Orthopaedic. Ashley Gabriel was an athletic trainer who worked there. Gabriel was the individual who actually performed the laser treatment that burned the client. Both Klassen and his practice, Monterey Peninsula Orthopaedic, filed for bankruptcy in 2018.

The Allegations in the Medical Malpractice Lawsuit Filed by Our Monterey Personal Injury Attorneys

The lawsuit alleged that the client was offered a complimentary laser procedure on her big toe to help with some fungus on her toe nail. The procedure was offered to increase blood flow and to help with the toenail regrowth and healing. The laser treatment was performed by Gabriel who was supposed to be under the direction and supervision of Dr. Klassen. During the treatment, the client experienced a hot burning sensation on the flesh of her right big toe. Upon looking at the area, the client could see a white line where her toe had been burned.

The client’s toe blistered badly in the days that followed. The client was diagnosed with third-degree burns. The client was diabetic with neuropathy in her feet. Neuropathy is a nerve disorder which can cause numbness in the affected areas and body parts. As such, the procedure should not have been performed on the client in the first place because she was susceptible to burns because of her inability to feel the heat from the laser at lower levels.

Moreover, diabetic patients can have difficulty in wound healing of the extremities including the feet.  This was another reason the treatment should never have been ordered or offered. This held true for the client. Her burn wound later become infected and require multiple skin grafts to repair. Her burn wound also required multiple debridement procedures which were often painful. The client was left with a deformed and disfigured toe.

The lawsuit filed by our Monterey personal injury attorneys alleged that Dr. Klassen and Gabriel committed medical professional negligence or medical malpractice. Specifically, the lawsuit alleged that the defendants “failed to use the level of skill, knowledge and care in treatment that other reasonable medical practitioners would use in the same or similar circumstances.” The lawsuit alleged that medical malpractice was committed because Klassen and Gabriel:

• Failed to provide adequate and safe medical treatment
• Directed the laser on the flesh of the client for too long a period
• Caused the laser to be operated at a temperature that was unsafe
• Failed to properly maintain the laser machine to ensure it functioned properly

Evidence Obtained By Our Monterey Personal Injury Attorneys During the Lawsuit

During the lawsuit, our Monterey personal injury attorneys learned additional facts supporting the medical malpractice claim. Our attorneys learned that the laser being used was a Lightforce EXP Therapy Laser. It was a Class 4 Solid State Cold Therapy Laser with 25 Watts of power. According to lasersafetyfacts.com, a Class 4 laser is the most hazardous laser classification.

During the lawsuit, our Monterey personal injury attorneys learned additional facts supporting the medical malpractice claim. Our attorneys learned that the laser being used was a Lightforce EXP Therapy Laser. It was a Class 4 Solid State Cold Therapy Laser with 25 Watts of power. According to lasersafetyfacts.com, a Class 4 laser is the most hazardous laser classification.

The laser used was so powerful it could start fires if concentrated on materials. The instruction manual warned that the laser “May cause serious burns” and to “only treat using the large applicators at powers above 15 watts.” The manual also warned to not operate the laser with certain head applicators at higher wattages.

Our personal injury attorneys also learned that Gabriel was not a licensed nurse or medical doctor, but simply an athletic trainer. Gabriel had never operated a laser in her schooling to become an athletic trainer. Gabriel had never operated a laser before working at Monterey Penisula Orthopaedic. Gabriel had never operated a laser after working at Monterey Peninsula Orthopaedic. Gabriel was never trained by medical staff on how to use the laser. Instead, she was trained by a sales representative who sold the laser to Monterey Peninsula Orthopaedic.

During the medical malpractice lawsuit our attorneys learned that no medical doctor, including Dr. Klassen, really oversaw the use of the laser procedures. The laser was in the physical therapy building of the practice which was away from the main medical practice. Dr. Klassen did not attend the training given by the sales representative. Dr. Klassen never use the laser on patients and claimed to have only used the laser once on a friend after hours. Dr. Klassen really did not know how to operate and use the laser despite admitting that he was ultimately responsible for overseeing the treatment given at Monterey Peninsula Orthopaedic.

The Law Regarding the Use of Lasers in Certain Cosmetic and Medical Procedures

While handling the case, our attorneys discovered law that suggested that Gabriel’s use of the laser was unauthorized and in violation of law. According to law and the Medical Board of California, only physicians, physician assistants (with physician supervision) and registered nurses (with physician supervision) may use lasers and intense pulse light devices for either a cosmetic or medical procedure. This is well established and can be found on the Medical Board of California’s website at: https://www.mbc.ca.gov/Licensees/Cosmetic_Treatments_FAQ.aspx.  California Business and Profession’s Code § 2023.5(a) and (b) sets forth the same. Indeed, subsection (c) calles for regulations regarding the appropriate level of physician availability needed within clinics or other settings when physician assistants or registered nurses use laser or intense pulse light devices.

1364.50). The Regulation sets forth that “a physician with relevant training and expertise shall be immediately available” when a licensed health care provider is performing such a procedure within the scope of his or her license. Our attorneys argued that Gabriel, did not have any medical or work-related licenses authorizing her to use the laser. Specifically, Gabriel was not a physician assistant or registered nurse. She was simply an athletic trainer who should not have been allowed to operate such a dangerous device in the first place.

In the end, our firm was able to obtain a favorable result for the client. The $150,000 judgment is public record. The judgment gives the client closure and helps vindicate the client for the wrongs that were committed against her.

Contact Our Monterey Personal Injury Attorneys Today to Discuss Your Case

If you or a loved one has a medical malpractice, dental malpractice or other injury claim, contact the personal injury attorneys at the Piccuta Law Group today. One of our skilled personal injury attorneys is available now to discuss your case. A consultation is free of charge. In addition, if we take your case, we do it on a contingency fee. This means it costs you nothing and we only get paid if we recover for you. Do not hesitate to call our attorneys today.

About the author: The content on this page was written by Monterey personal injury attorney and civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, Maricopa County Bar Association and Scottsdale Bar Association, among other organizations.

Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.