Khan v. Singh, A-73 September Term 2008; Supreme Court; opinion by Hoens, J.; decided July 9, 2009. On appeal from the Appellate Division, 397 N.J. Super. 184 (App. Div. 2007). [Sat below: Judges Skillman, Winkelstein and Yannotti in the Appellate Division.] DDS No. xx-1-xxxx [37 pp.]
Plaintiff Mohammed Khan was diagnosed as suffering from an acute foot drop and lumbar radiculopathy secondary to a disc herniation. Khan consulted defendant Dr. Sunil Singh, who performed a thermal energy discectomy, which uses heat to shrink a bulging herniated disc, with the goal of reducing pressure on the nerve root and alleviating pain. A post-operative test revealed that the L5 nerve root was completely destroyed. Khan sued, alleging that Dr. Singh negligently performed the radiofrequency procedure and burned his nerve root.
