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Patient Alleges Medical Malpractice Against Doctor Over Unconsented Procedure

NORTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

Patient Alleges Medical Malpractice Against Doctor Over Unconsented Procedure

State Court
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A recent court filing reveals a harrowing account of alleged medical malpractice and battery that has left a patient in dire straits. On August 14, 2024, Jeannette Burmeister filed a complaint against Dr. Bela Vijay Chheda in the Superior Court of California, County of Santa Clara. The lawsuit centers on claims of improper medical procedures and lack of informed consent that have resulted in severe physical and emotional suffering for Burmeister.

The case details date back to May 18, 2023, when Burmeister visited Dr. Chheda for medical consultation accompanied by her husband. Despite Burmeister's explicit objections to undergoing Cranial Cervical Instability (CCI) testing—a procedure she deemed risky and unnecessary—Dr. Chheda insisted on performing it. According to the complaint, "Defendant CHHEDA insisted on pushing down on Plaintiff's head" despite Burmeister's clear refusal and concerns about the risks involved. The plaintiff alleges that no adequate information regarding the invasive nature or potential risks of the procedure was provided to her at any point.

Burmeister describes an immediate adverse reaction during the appointment, feeling extremely uncomfortable and nearly fainting or vomiting due to the head-pushing procedure. She had to lie down urgently as she felt unable to sit or stand. In subsequent days, her condition deteriorated dramatically; she reported ongoing severe symptoms such as neck pain, dizziness, nausea, cognitive impairment, and a general sense of extreme unwellness that differed from her baseline health issues related to Myalgic Encephalomyelitis (ME). An email from Burmeister dated May 29, 2023, further illustrates her desperation: "This is unlike anything I’ve experienced before... This is a whole different level of debilitation."

The plaintiff also accuses Dr. Chheda of falsifying medical records post-appointment to cover up the incident's severity and avoid liability. It is alleged that Chheda made illegal back-dated changes without indicating any alterations had been made.

Burmeister seeks general damages for physical and emotional suffering, special damages for incurred medical expenses, punitive damages for willful misconduct by Dr. Chheda aimed at furthering personal research interests without proper patient consent or Institutional Review Board approval, and other reliefs deemed appropriate by the court.

Representing herself in this high-stakes litigation is Jeannette Burmeister with Carleton L. Briggs listed as an attorney providing notices prior to filing the lawsuit. The case ID is 24CV445148 with Judge M. Bui reviewing initial filings.

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