$2.0 Million Settlement in Medical Negligence Action Against Emergency Room Physicians and Hospital for Failing to Diagnose and Treat Necrotizing Fasciitis.
Plaintiff was a 56 year old female who presented to a hospital on multiple occasions initially complaining of 10/10 pain in her right leg with associated right leg mottling and subsequently hemodynamic instability. The emergency room physicians initially diagnosed her complaints as musculoskeletal in origin, performed no testing and discharged her home. On the second presentation there was delay in ordering a surgical consult or investigating the right side pain and mottling. Ultimately, the consultations were ordered as well imaging which revealed an advanced case of necrotizing fasciitis. An amputation was performed; however, the septic effects were too far advanced to treat. The Plaintiff expired leaving a husband of 13 years and a surviving adult son. There were legitimate claims for loss of services and funeral expenses. The Plaintiffs alleged the healthcare providers were negligent for failing to properly investigate her complaints and diagnose and treat the necrotizing fasciitis. The defense denied any negligence arguing that the Plaintiff’s presenting symptoms were not unique to necrotizing fasciitis and so no immediate work up was necessary. In addition that by the time the condition did present with classic symptoms of necrotizing fasciitis she was too far long in the disease process to successfully treat. The case settled for $2.0 million prior to trial.