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February 2008 Legal Case Study

Failure to Diagnose Osteomyelitis in Teenager - Multiple Surgeries Required, Including Hip Fusion - $994,000 Verdict.

The plaintiff, age fourteen, went to the defendant physician’s assistant, twice at a Clinic, due to leg pain. He did not have an elevated temperature or white blood counts. He was diagnosed with a severely pulled muscle. His pain continued and he was taken to an emergency room where x-rays and an MRI were performed.

Osteomyelitis was diagnosed, which had moved into his hip. The plaintiff underwent multiple surgeries, including a hip fusion. The plaintiff has a leg length discrepancy and altered gait. The plaintiff was expected to require surgery to correct the gait and multiple hip replacements during the course of his life.

The plaintiff claimed that the physician assistant failed to explore his symptoms, order proper diagnostic testing, refer him to a physician, or ask the advice of a physician. The plaintiff claimed that the delay in diagnosing the osteomyelitis resulted in his need for multiple surgeries.

The defendants contended that osteomyelitis was unusual in a teenager and that the plaintiff did not have normal signs and symptoms of the disease. According to a Trial Reporter a $994,000 verdict was returned.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.

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