Verdict & Settlement Wins
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Plaintiff's Counsel: Thomas Mester
Failure to Inform Patient Leads to Leg Amputation
Our client was born on January 24, 1958. He presented to the defendant doctor with leg complaints on December 13, 2004. The doctor gave him a pain medication and scheduled a peripheral vascular doppler examination of his left lower extremity. The physician interpreting this exam reported by fax immediately to the requesting physician that the vascularization of his left lower extremity was compromised with a limb threatening ischemia of the left leg. The records of the treating physician did not indicate that he contacted the plaintiff with this information nor did he made any recommendations.
The patient was next seen on December 30, 2004, and there was no discussion concerning limb threatening ischemia of the left leg. Plaintiff saw this physician one further time on January 6, 2005 because he suffered a burn to his leg. Once again, no mention of the limb threatening ischemia was revealed in the records. He was, however, referred to the hospital for the burns. At the hospital, his condition was diagnosed with a vascular surgical consult revealing that the arteries in his leg were totally occluded. Plaintiff had an above the knee amputation on January 10, 2004.
The defendant physician claims that he did, in fact, tell the plaintiff about the limb threatening ischemia on December 16, 2004, as well as on subsequent occasions, and the plaintiff refused to either go to the hospital or to see a vascular surgeon. It was the plaintiff’s contention that the doctor commited malpractice in failing to inform the patient of a limb threatening condition and recommending treatment immediately.
Our client earned approximately $50,000 per year and did return to his employment where he was accommodated with his disability.
This case settled at mediation for $400,000.00.