Yavapai Regional Medical Center Hit With $3M Negligence Verdict – David Stringer, Publisher

Last week a Yavapai County jury returned a three million dollar judgment against the Yavapai Regional Medical Center (YRMC) in a long running negligence lawsuit resulting from a 2019 botched surgery.  The verdict—one of the largest in recent memory against YRMC—followed a strongly contested three week trial. The Plaintiff was represented by local personal injury firm, Jensen & Phelan of Prescott, and the Lloyd Law Group of Payson. According to local attorney, Chris Jensen, the trial was unusual in that it did not involve a claim directly against the physician who performed the surgery but the hospital itself for  failing to follow due diligence and their own bylaws in credentialling a neurosurgeon who had not completed a full residency program. The jury verdict and monetary award are against the hospital and not the surgeon.

Dr. Whitney James, a Yale educated doctor, entered a residency program at the University of Arizona, in 2012. But five years into a seven year training regimen, she reportedly left the program before completing all the requirements. Although  she had considerable experience in neurosurgery, at the time she was granted hospital privileges by YRMC, she was not eligible for  board certification.

YRMC bylaws stipulate that their credentialing process requires successful completion of a residency program and board eligibility in the appropriate medical specialty. According to trial testimony, YMRC was aware that Dr.  James had not completed her residency and was not board eligible. Nonetheless, the hospital granted full clinical privileges. At trial, the jury learned that she was actually allowed to begin performing neurosurgery two weeks before the official grant of clinical privileges.

In May of 2019, Prescott resident Michael Thompson, who had previous surgeries in connection with a congenital spinal condition,  sought treatment at YRMC. He was referred to Dr. James. His impression of her was  favorable. He describes her as a “nice doctor,  caring and professional.”  She had his complete confidence. Despite the complications and disabilities that resulted from multiple surgical procedures, he continues to respect her and thinks she “did the best she could.” But he also believes his case may have presented challenges she was not trained well enough to deal with. Hence the negligence claim against YRMC for negligence in their credentialing process.

After several unsuccessful surgical procedures at YRMC that led to spinal leaks and excruciating headaches and loss of function, Mr. Thompson was eventually able to find appropriate treatment at St Joseph’s Barrow Neurological Institute in Phoenix, and Cedars-Sinai Hospital in Los Angeles.  He continues to suffer permanent mobility issues and is unable to work full time. However, he is currently free of headaches. Some of his most severe disabilities have diminished.

Photo: Chris Jensen

Reportedly, one of the complicating factors in the investigation of the case and pretrial discovery was the legal  secrecy surrounding the credentialing process YRMC followed. To establish liability the plaintiff’s attorneys needed to determine what YRMC knew about Dr. James’ education and training and the circumstances surrounding her early departure from her residency program. This information was shielded from the public through physician and hospital rights based on statutory privilege. According to Attorney Jensen, it took a  lot of creativity to find legal work arounds to get the information needed to establish liability.

In reaching a verdict against the hospital, the jury was required to make several specific findings of negligence, namely that the surgeon who performed the surgery was deficient, that YRMC was negligent in failing to follow their own bylaws in credentialling the physician in neurosurgery, and that the actions of both YRMC and the surgeon caused injury to Mr. Thompson. In determining a monetary award, the jury was instructed to consider the pain and suffering associated with the injury as well as economic costs associated with loss of income, the cost of future care, and the loss of future income associated with Mr. Thompson’s incapacitating injuries.

According to eNews sources, the jury award was very close to what the plaintiff might have settled for without the need for three years of pretrial litigation and a costly three week jury trial.  Efforts to reach a spokesman for YRMC regarding the verdict and the preparation of this article were unsuccessful.