Case details
Surgeon failed to diagnose necrotizing fasciitis: patient
SUMMARY
$532521
Amount
Arbitration
Result type
Not present
Ruling
KEYWORDS
above the knee, leg, necrotizing fasciitis amputation
FACTS
On April 1, 2019, claimant Michael Brun, 73, a retiree, underwent a left total knee replacement, which was performed by an orthopedic surgeon at a Kaiser facility. One week later, Brun returned to the Kaiser facility with symptoms of an infection to his left knee. The orthopedic surgeon diagnosed Brun with cellulitis and sent him home. The following day, April 9, 2019, Brun presented to the Kaiser facility’s emergency department, and he was admitted. Brun’s treating orthopedic surgeon again evaluated him on April 10, 2019, but the surgeon still inferred that Brun had cellulitis. Brun was also evaluated by an infectious-diseases expert and hospitalist, both of whom concurred that the patient’s presentation was most consistent with cellulitis. On April 12, 2019, Brun underwent irrigation and debridement, during which he was diagnosed with necrotizing fasciitis. He ultimately required an above-the-knee amputation of the left leg on April 20, 2019. Brun brought claims against the treating Kaiser doctor’s employer, Southern California Permanente Medical Group, a medical group that provides care to members of Kaiser Foundation Health Plan Inc. Brun alleged that the doctor was negligent in the failure to diagnose the necrotizing infection and in causing a delay in the diagnosis. He further alleged that the doctor’s negligence constituted medical malpractice and that Southern California Permanente was liable for the doctor’s actions. The matter proceeded to arbitration, per the Kaiser Foundation Health Plan arbitration agreement, which states that claims must be arbitrated through the Kaiser system. The binding arbitration was conducted at Judicate West’s alternative dispute resolution center. Brun’s counsel contended that when Brun presented to the Kaiser facility with symptoms of an infection on April 8, 2019, the standard of care required an orthopedic surgeon to rule out the infection as being necrotizing by at least April 10, 2019. Counsel further contended that if the orthopedic surgeon had attempted to rule it out, Brun’s infection would have been timely diagnosed and controlled so that he would not have required the amputation. The respondent’s counsel contended that a diagnosis of cellulitis was compliant with the standard of care and that, based upon Brun’s condition and the assessment of multiple physicians, the standard of care did not require the necrotizing infection to be ruled out or diagnosed until April 12, 2019. Counsel further contended that nothing could have been done to prevent the leg amputation based on the necrotizing infection that Brun had. , Brun required numerous surgeries to treat the necrotizing fasciitis. He ultimately underwent an above-the-knee amputation of the left leg on April 20, 2019. Brun claimed that he requires follow-up care to treat his amputation site. Brun sought recovery of $32,521 in future medical costs. He also sought recovery of noneconomic damages for his past and future pain and suffering. His wife, Susan Brun, presented a derivative claim seeking recovery for her loss of consortium.
COURT
Judicate West, CA
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