A recent court filing has brought to light a medical malpractice case that could have significant implications for healthcare providers in Sacramento. On July 18, 2024, attorney Benjamin Fogel filed a complaint in the Superior Court of California, County of Sacramento, against Dr. Gabriel Jacob and his associated medical entities.
The plaintiffs, Myndall Melemed and her spouse Steven Melemed, allege that Dr. Gabriel Jacob and his affiliated corporations, including Eye Surgery Center of Northern California, committed multiple acts of negligence leading to severe personal injuries and loss of consortium. The lawsuit claims that these medical professionals failed to exercise the standard care required during a series of treatments beginning on June 15, 2023.
According to the complaint, Myndall Melemed sought treatment from Dr. Jacob for cataracts and astigmatism. She alleges that Dr. Jacob and his team were negligent in their care, which resulted in severe complications such as the incorrect placement of a lens implant. This error necessitated additional procedures including corneal transplantation due to subsequent corneal abrasion. "Defendants failed to use due or reasonable care or skill," reads the complaint, highlighting the severity of the alleged malpractice.
The document also accuses Dr. Jacob's medical entities of failing to ensure the competence of their staff physicians through proper selection, review, and periodic evaluation. This breach allegedly created an unreasonable risk for patients like Myndall Melemed. The plaintiffs argue that these failures amount to corporate hospital liability under California law.
As a result of these alleged actions, Myndall Melemed claims she has suffered ongoing physical and mental pain and anticipates permanent disability. Her husband Steven is also seeking damages for loss of consortium due to his wife's injuries affecting their marital relationship. "Plaintiff has been injured by the loss of love, companionship... all to plaintiff's general damage," states the complaint.
The plaintiffs are seeking general damages according to proof at trial as well as compensation for all medical and incidental expenses incurred due to the alleged negligence. They also request any other relief deemed appropriate by the court.
This case will be presided over by Judge Gordon D. Schaber at the Sacramento Courthouse under Case No.: 24th O14 354.