Plaintiff, a forty-year old man, was injured in a jet-ski accident. During the accident, the plaintiff sustained a fracture of his shin bone. Following the accident, plaintiff was taken to a local hospital. Tests at the hospital revealed that the foot on his uninjured leg did not have a pulse. As a result, he was diagnosed with a probable vascular compromise of that foot and was referred to a specialty hospital to deal with his injuries.
Upon arrival at the specialty hospital, the vascular surgeon failed to take a medical history from the patient and did not perform an examination on the patient before performing surgery. Instead, the surgeon relied on other medical personnel to evaluate the patient. About ten hours after plaintiff arrived at the specialty hospital, he underwent an angiogram, which revealed an occluded popliteal artery that was blocking the blood flow to the foot. Over the next twenty hours, plaintiff showed signs of worsening conditions of his foot including lack of or low pulses, cool or cold feeling of the foot, and decreased capillary refill in the foot. Even though plaintiff exhibited these signs, surgery was not performed until forty-two hours after the jet-ski accident.
Due to the delay in surgery, plaintiff's condition deteriorated to the point where surgery was largely unsuccessful. As a result, he was left with permanent peroneal nerve damage, permanent foot drop, and infection of the bone marrow in his foot and lower leg. Unfortunately, these conditions means that it is likely plaintiff will require an amputation of his leg below the knee in the future. Plaintiff alleged that the failure to operate in a timely manner was negligent and that the surgeon had committed medical malpractice due to his substandard care.
Defendant surgeon denied any negligence. In addition, the defendant denied that plaintiff's foot injuries were not caused by defendant's lack of proper treatment. Lastly, defendant claimed that all of plaintiff's injuries were a result of unforeseeable consequences and not the result of the delay in treatment.
The medical bills totaled approximately $132,000 and the estimated cost of the amputation is approximately $110,000. The case settled at mediation, before trial, for a confidential amount.
Medical Malpractice claims are almost always defended vigorously, which is why it is important to have skilled personal injury lawyers on your side when you attempt to make a claim against a hospital or doctor. The attorneys at Mulvey, Cornell & Mulvey have decades of experience successfully handling medical malpractice lawsuits. If you have been injured, please contact us immediately to discuss your claim. We will consult with you and evaluate your claim for free. You can come to our offices in Portsmouth, NH or, if it is more convenient, we will travel to your home to meet with you.