$1,405,000 Settlement: Patient misdiagnosed in ER died from sepsis

Lab results showed suspicion of fasciitis

Plaintiff, a 43-year-old man, went to defendant hospital’s emergency room Sept. 5, 2010, at approximately 5 p.m. The hospital had defendant doctor, an emergency medicine physician three months out of his residency program, to care for the patient.

The patient’s estate contended that at the time of the patient’s ER visit, his history, physical examination findings and laboratory findings showed him to be septic with a strong suspicion for necrotizing fasciitis. Plaintiff further contended that defendant doctor erroneously diagnosed gastroenteritis and shoulder sprain, and sent the patient shortly after 9 p.m.

The patient returned to the ER room the next day at approximately 8 a.m. At approximately 11:30 a.m. the patient’s blood pressure bottomed out and he went into septic shock. By 11:45 p.m. the patient was dead from septic shock and necrotizing fasciitis.

In his deposition, defendant doctor admitted that plaintiff’s decedent’s fever, high heart rate, elevated white count, bandemia and increased creatinine were signs that the patient was septic on Sept. 5. The doctor also admitted that plaintiff’s decedent’s clinical picture and lab results were consistent with sepsis and necrotizing fasciitis.

Plaintiff contended that these clear indicators of sepsis, taken in conjunction with plaintiff’s unexplained and continued pain in the left axillary area, should have led to a diagnosis of sepsis and suspected necrotizing fasciitis. Plaintiff further asserted that the patient should have received immediate antibiotic treatment for the sepsis and immediate surgical consultation and treatment for the necrotizing fasciitis.

The matter settled for $1,405,000.

Type of action: Medical negligence

Type of injuries: Death

Court/Case no./Date: Confidential; confidential; Feb. 24, 2014

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