Case Results
Gordon & Silber Obtains Defense Verdict for Doctor in Wrongful Death Medical Malpractice Case – Alleged Failure to Diagnose Sepsis — September 2009.
Type of Case: Wrongful Death — Medical Malpractice, Failure to diagnose Sepsis.
Venue: Supreme Kings — Kings County.
Background Facts: In early August 2002 the decedent presented to our insured's office on three occasions with complaints of severe right shoulder pain. She was treated with medication and referred to an orthopedist. An MRI on August 8, 2002 revealed a torn rotator cuff. The decedent was arrived and was admitted to the hospital on August 11, 2002 in shock. She expired on August 13, 2002 from sepsis. Plaintiff alleged that our insured failed to order blood and urine tests during the August 2002 office consults and that said tests would have revealed that the plaintiff had an underlying infection and a septic right shoulder joint. The plaintiff further alleged that during three emergency room presentations the decedent was wrongfully discharged and did not undergo any blood or urine tests.
Our Strategy: We argued that the plaintiff's complaint of right shoulder pain was consistent with her history of osteoarthritis and her history of a fall and injury to her right shoulder. We argued that our assured timely and appropriately referred the decedent to an orthopedist who ordered an MRI which revealed a torn right rotator cliff and that there was no evidence to suggest her right shoulder pain was due to a septic joint and therefore neither blood or urine tests were indicated. Finally, we argued that the plaintiff's ultimate admission to the Hospital was due to an acute elevation in her blood sugar and that blood cultures taken upon admission were negative for infection.
Special Problems: We anticipated that plaintiff's expert would testify that when she appeared at our insured's office, she presented with changes in her mental status which could be indicative of an infectious process in an elderly patient.
Result: They returned a defense verdict finding no departure.
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