Patient alleges procedure was performed on him without his consent

By Jenie Mallari-Torres | Feb 14, 2019

SAN FRANCISCO – A patient alleges two physicians performed a procedure on him without his consent.

Ryan Callagy filed a complaint on Jan. 31 in the San Francisco County Superior Court against Paul N. Abeyta MD, Juan Carlos Manuel Chavez PA and Does 1-20 alleging professional negligence and medical battery.

According to the complaint, the plaintiff alleges that on Dec. 22, 2017, he underwent an orthopedic surgery consisting of a right shoulder arthroscopy extensive debridement in order to remove a Bennett lesion under the care and treatment of the defendants. The suit states the procedure took place in Burlingame.

However, the defendants allegedly performed a posterior capsular release without his consent, and the plaintiff alleges this has caused him harm.

The plaintiff seeks judgment against the defendants for compensatory damages, costs of suit and other relief that the court deems just. He is represented by Matthew H. Haberkorn of Haberkorn & Associates in Redwood City.

San Francisco County Superior Court case number CGC-19-573427

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