A California appellate court has affirmed a lower court's decision to grant summary judgment in favor of an orthopedic surgeon accused of medical malpractice. The complaint, filed by Jung Yeol Im on October 5, 2020, in the Los Angeles County Superior Court against Benjamin I. Song, alleged that Song's negligence led to physical and emotional damages following knee surgery.
The case revolves around Im's treatment for advanced osteoarthritis diagnosed by Song on March 18, 2019. After several consultations and diagnostic tests, Song performed a total knee arthroplasty on September 24, 2019. Post-surgery assessments indicated initial progress; however, Im later reported persistent pain and stiffness. Seeking second opinions from other doctors in 2020 and 2021 led to mixed conclusions about the success of the surgery and potential reasons for her ongoing discomfort.
Im underwent revision surgery on October 4, 2021. Her lawsuit claimed that Song failed to properly diagnose and treat her condition initially, leading to unnecessary suffering. In response, Song filed a motion for summary judgment supported by an expert declaration from Dr. Daniel R. Laster, who asserted that Song’s care met professional standards and did not cause harm.
Im opposed the motion but failed to provide expert testimony to counter Dr. Laster’s opinion or substantiate claims of lack of informed consent before the surgery. The trial court granted summary judgment in favor of Song on March 14, 2023, citing Im’s failure to present sufficient evidence.
On appeal, Im argued procedural errors and lack of informed consent but failed to support these claims with adequate legal citations or expert evidence. The appellate court found no merit in her arguments and upheld the lower court's ruling.
Representing parties included Andrew Kim for the plaintiff and Kenneth R. Pedroza along with Alysia B. Carroll for the defendant under Law + Brandmeyer firm.
Judge Michael C. Small presided over the case (No. 20STCV37931) at the Los Angeles County Superior Court.