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Herndon v. Ajayi

Since urologist's failure to follow up with his patient to ensure a stent implanted for kidney stone treatment was removed involved the application of his medical skill and knowledge, it involved professional negligence rather than ordinary negligence.

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If a physician fails to inform a patient that as a result of a medical procedure a stent was left in him, and fails to call the patient when the patient does not keep an after-care appointment to remove the stent, do the physician’s actions fall into the category of professional negligence or the category of ordinary negligence We conclude that these actions fall into the category of professional negligence, and we hold that plaintiff’s failure to submit appropriate expert testimony to rebut defendant-physician’s expert affidavit justified summary judgment in favor of defendant.

In November 1994 Dr. Rex Ajayi treated Ronald Herndon to remove a large renal stone. The size of the stone required that Dr. Ajayi implant a stent inside Herndon’s left ureter. Herndon then underwent shockwave lithotripsy to crush the stone. The stent remained in place after the procedure. Herndon began experiencing weight loss, blood in his urine, and intense pain. In April 1995, Herndon sought help from another physician, who discovered and removed the stent.

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