A California resident has taken legal action against a physician, alleging medical negligence that resulted in severe and permanent injuries. MaryJo Kaplan filed a complaint on October 15, 2024, in the Superior Court of California, County of San Francisco, against Dr. Kenneth H. Akizuki and unnamed defendants referred to as DOES 1 to 20.
According to the complaint, Kaplan suffered a fall on October 7, 2023, which led to fractures in her upper left extremity. She sought follow-up care from Dr. Akizuki starting October 10, 2023. The lawsuit claims that Dr. Akizuki failed to provide adequate care by not ordering necessary radiology exams or recommending aggressive treatment options like surgery. Instead, he suggested conservative treatment without fully explaining the risks and benefits or offering informed consent for alternative treatments.
Kaplan alleges that due to Dr. Akizuki's substandard care, her condition worsened over nearly a month, leading to permanent disability that could have been avoided with proper medical intervention. She asserts that had she been informed of all treatment options and associated risks, she would have chosen a different path leading to better recovery outcomes.
The complaint further accuses Dr. Akizuki of violating the Consumer Legal Remedies Act by misrepresenting the quality and standard of his services. Kaplan states she was unaware of the substandard care until obtaining a second opinion in November 2023 from another healthcare provider who subsequently performed surgery.
Kaplan seeks various forms of relief from the court including general damages for pain and suffering, special damages for economic losses such as medical expenses and loss of earning capacity, prejudgment interest, costs incurred during litigation, and attorneys' fees. Additionally, she demands a jury trial.
Representing Kaplan is attorney Joshua H. Watson based in San Francisco. The case is filed under Case No.: CGC-24-618988 with Judge MaryJo Kaplan presiding over the matter.