A medical malpractice lawsuit has been filed against a prominent university and a surgeon, bringing to light serious allegations of professional negligence. On February 24, 2025, Kirstin Mitchell filed a complaint in the Superior Court of California, County of San Francisco, against The Regents of the University of California and Dr. Tobias Deuse. The case revolves around a surgical procedure that allegedly went awry, causing significant harm to the plaintiff.
Kirstin Mitchell, a resident of San Carlos, California, claims that during a thoracotomy performed by Dr. Tobias Deuse at UCSF Medical Center on November 17, 2023, her thoracic duct was perforated—a complication she argues was below the standard of care expected in such surgeries. According to the complaint, this injury necessitated an additional surgery and resulted in prolonged hospitalization. It wasn't until October 2024 that Mitchell discovered through consultation with another physician that the perforation might have been due to negligence.
The complaint details how Mitchell suffered physical pain and emotional distress as a result of the alleged negligence. She also incurred significant medical expenses and experienced loss of earnings and future earning capacity due to her extended recovery period. The lawsuit accuses both Dr. Deuse and The Regents—under whose employment Dr. Deuse was acting—of failing to meet their professional obligations and responsibilities during the surgical procedure.
Mitchell's legal representation is seeking compensatory damages for her injuries and losses. The relief sought includes pre-judgment interest at the legal rate, attorneys' fees and costs, costs of suit, and any other relief deemed just by the court. This case underscores critical issues regarding patient safety and accountability within medical institutions.
Representing Kirstin Mitchell is attorney Nicholas A. Carlin from Phillips, Erlewine, Given & Carlin LLP. The case is presided over by judges at the Superior Court of California under Case No. CGC-25-622717.