Our client was a 72-year old woman with numerous health issues including hereditary spastic paraplegia, acute renal failure, diabetes, cardiomyopathy, dysphagia, acute liver failure, and left ventricular systolic dysfunction. After three days of vomiting she presented to the health care facility with a sore throat, pain in her mid-chest, weakness, and hallucinations. Our client was admitted to the health care facility and, after multiple examinations and tests, she was diagnosed with diabetic ketoacidosis, upper gastrointestinal bleeding, and a urinary tract infection.
During her 9-day inpatient stay at the health care facility, it was repeatedly noted that her lower left leg was painful, cool to the touch, that her toes and heels were mottled, and that her heel had a purple discoloration. Despite these symptoms, no health care professional attempted to address the lower left leg symptoms.
After 9 days, our client's health care providers determined she was fit to be released and she was taken home by her family. Two days later, she complained that her left leg continued to cause her pain and she returned to the health care facility. At that time, it was determined that our client's left leg had deteriorated to the point where it needed to be amputated or else her life could be in jeopardy. The amputation surgery was performed immediately. Due to the severe deterioration of our client's left leg, the surgical team was forced to amputate all the way to her left hip area.
The Defendant denied negligence and causation. In addition, the Defendant argued that our client's damages were minimized by the fact that her pre-amputation medical condition forced her to use a wheelchair for years leading up to the amputation. Essentially, the Defendant argued that our client's life had not been greatly affected by the amputation because she had already been accustomed to living in a wheelchair.
Our client's medical bills related to the surgery and subsequent nursing home care totaled $145,912.88.
The parties reached a confidential settlement amount, through negotiation, without the need for the expense and delay associated with a lawsuit. Medical Malpractice claims are almost always defended vigorously because the doctors and hospitals do not want the claim listed on their permanent record. Because these claims are defended so vigorously, it is important to have experienced personal injury lawyers on your side before attempting to bring a medical malpractice claim.
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, evaluate your claim for free, and answer any questions you may have at absolutely no cost. You can come to our offices, which are located in Portsmouth, NH. Or, if it is more convenient, we will travel to your home to meet with you. We regularly travel to meet with clients anywhere in New Hampshire and throughout New England.