Case details
Test should have been ordered for ankle sprain, patient alleged
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, left ankle, mental, psychological, pulmonary, respiratory, sprain
FACTS
On Jan. 27, 2013, plaintiff Elizabeth Urquhart, 27, a temporary employee, was walking down some stairs during her lunch break when she fell and sustained a left high ankle sprain. She was subsequently taken by her co-worker to Kaiser Hospital, in San Diego., where she underwent X-rays and was examined by Dr. Linda O’Leary, an occupational medicine physician. Urquhart was then placed in a CAM Walker boot and was instructed to elevate her leg when resting. Approximately one week later, Urquhart developed deep vein thrombosis and a pulmonary embolism. Urquhart sued O’Leary and the operators of Kaiser Hospital, Southern California Permanente Medical Group, Kaiser Foundation Health Plan Inc., and Kaiser Foundation Hospitals (initially erroneously sued as Kaiser Hospitals Inc.). Urquhart alleged that O’Leary was negligent in her care and that this negligence constituted medical malpractice. She also alleged that Southern California Permanente Medical Group, Kaiser Foundation Health Plan and Kaiser Foundation Hospitals were vicariously liable for O’Leary’s actions. Urquhart contended that O’Leary should have ordered a D-dimer test, which would have detected the pulmonary embolism earlier and would have prevented further care. Defense counsel denied there was any wrongdoing and contended that Urquhart was appropriately treated. Counsel also contended that O’Leary’s treatment of Urquhart was within the standard of care for occupational medicine physicians., Urquhart developed deep vein thrombosis and a pulmonary embolism approximately one week after being treated at Kaiser Hospital, in San Diego. She subsequently needed to have an inferior vena cava filter, or IVC filter, implanted in her chest to capture the embolism. The IVC filter was later removed.
COURT
Superior Court of San Diego County, San Diego, CA
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