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Patty Pome is suing Dr. Damage for medical malpractice. Ms. Pome is alleging that Dr. Damage was negligent when, during surgery, he operated on her healthy left knee causing damage to her healthy anterior cruciate ligament (ACL) as opposed to fixing her damaged right knee ACL. At trial, Ms. Pome's attorney seeks to call Dr. West to testify to the correct medical checklist to be used prior to surgery to assure that doctors are operating on the correct body part. Further, Ms. Pome's attorney seeks to have Dr. West testify to how Dr. Damage should have known that the ACL in Ms. Pome's left knee was healthy before he began the surgical operation that resulted in the damage. During a pre-trial hearing, Ms. Pome's attorney lays sufficient foundation to establish that Dr. West is an expert in the field of ligament and sports related injury surgery, that she has operated on dozens of damaged ligaments, and that she has seen healthy ligaments in cadavers during her time in medical school. On cross examination, Dr. West admits that she has never used a checklist prior to surgical operations but has heard of them being used in different industries and thinks it's.
She weighs 130 pounds, which her physician says puts her in the middle of the healthy BMI range.
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