Lawsuit alleges physician failed to surgically treat ankle fracture, prescribed physical therapy, and misled patient to conceal the error.
SAN DIEGO, CA, UNITED STATES, February 2, 2026 /EINPresswire.com/ — SAN DIEGO PATIENT FILES MEDICAL MALPRACTICE LAWSUIT AGAINST SCRIPPS HEALTH, AFFILIATED ENTITIES, AND SURGEON FOLLOWING ALLEGED FAILED ANKLE SURGERY THAT WAS NOT DISCLOSED
Plaintiff Daniel Lezmy Alleges Doctor Failed to Treat his Fractured Left Ankle During Surgery, Then Prescribed Physical Therapy, which Allegedly Caused Additional Harm.
A medical malpractice lawsuit filed in San Diego Superior Court alleges that Dr. Michael Joseph Botte, an orthopedic surgeon at Scripps Health, failed to treat a fractured bone fragment during ankle surgery, then allegedly concealed the surgical error from the patient for months. The complaint further alleges that while the physician misled patient, he was referred to physical therapy that worsened the injury. The case, Daniel Lezmy v. Scripps Health et al. (Case No. 37-2023-00049025-CU-MM-CTL), includes claims of medical malpractice, fraud, fraudulent concealment, conspiracy to commit fraud, intentional misconduct, breach of fiduciary duty, and battery.
According to court documents filed with San Diego Superior Court, plaintiff Daniel Lezmy, a legal immigrant residing in the United States, suffered a left ankle fracture in late January 2022 and sought treatment at Scripps Health facilities. The complaint further alleges that after 6 weeks of treating the ankle fracture, Dr. Botte performed surgery on March 23, 2022. However, the complaint further claims that the surgery failed to treat the fractured medial malleolus, and that the Plaintiff’s left ankle was still fractured after the surgery was completed.
Court filings and the complaint goes on to allege that X-rays taken on April 5, 2022—roughly two weeks after surgery—showed the bone fracture of the medial malleolus was still present. According to the complaint, Dr. Botte reviewed and signed off on these X-ray images, and is the Plaintiff’s basis for establishing that Dr. Botte knew that the ankle remained fractured. The complaint then claims that despite the physician’s review of the x-rays, Mr. Lezmy was never informed that his ankle was allegedly still fractured by Dr. Botte or any of the other medical professionals that rendered some form of medical care to Mr. Lezmy after the surgery.
Court documents and the complaint go on to allege that Dr. Botte prescribed months of physical therapy for the fractured ankle—treatment the complaint describes as harmful and not medically appropriate—which allegedly caused additional harm and permanent injuries.
The complaint further alleges that after three months of physical therapy, Mr. Lezmy’s condition did not improve. Based on this, the complaint writes that Mr. Lezmy met again with Dr. Botte who allegedly provided a false diagnosis–telling Lezmy he had developed “bone growth” (exostosis) that needed minor surgery to shave down the bone. According to the complaint, Lezmy consented to what he believed would be a 1-1.5 hour minor procedure, but instead, Dr. Botte allegedly performed a six-hour surgery to treat the initial fracture.
With respect to Scripps Health, Scripps Clinic Medical Group Inc., and Scripps Health Plan Services Inc., the complaint alleges that each entity failed in oversight duties, or in some form allegedly participated in concealing the claimed medical errors.
Lezmy’s First Amended Complaint survived multiple defense motions to dismiss via demurrers filed by defendants Dr. Michael Botte, Madonna Guzman, PA, Scripps Health, and Scripps Clinic Medical Group Inc. Court hearings on defendants’ demurrers and motions to strike Lezmy Third Amended Complaint are scheduled for February 6, 2026, before Hon. Blaine K. Bowman in Department C-74 of San Diego Superior Court, where the plaintiff will be represented by attorney Leeran S. Barzilai.
Leeran Barzilai
Leeran S. Barzilai, A Prof. Law Corp.
+1 619-436-7544
info@lbatlaw.com
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