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Sample Cases
Failure to treat ankle infection in a patient with peripheral vascular disease and renal failure resulting in death: (Electronic Medical Record, Hospital)
55 y/o male with history of renal failure and peripheral vascular disease has a fall in his home. EMS was called and he was brought to the ED with a suspicion of a right fractured ankle. At the ED, the healthcare team had a difficult time assessing a pedal pulse. His pulse had to be assessed with a doppler. When the Orthopedic Surgeon examined him, the surgeon decided to perform a closed reduction (ankle was repaired with manipulation). After the manipulation, he was taken to radiology and the report stated that the bones were basically well aligned and there was significant vascular disease. He was admitted under guarded condition. A few days later, he was taken to the OR for an internal reduction (surgically repairing the bones). The x-ray report noted that the patient had significant vascular disease. The OR nurse wrote a note that the patient had contaminated skin. The skin assessment described several blisters on the ankle. The orthopedic surgeon was made aware of this. The ankle was bandaged. When admitted to the unit, there were no dressing orders. Over the next few days, the patient complained of pain that was not always treated and he had a low grade temperature that was not treated. 5 days after his surgery, he had  a change of his level of consciousness. When the bandage was removed, the skin under the dressing was necrotic. The patient died 2 days later. Verdict for the plaintiff - confidential amount.

Failure to diagnose a stroke resulting in extensive paralysis: (Electronic Medical Record, Hospital)
61 y/o female was healthy when her husband found her “down”. He called EMR and she was taken to the nearest ED with a diagnosis of a cerebral vascular accident. The patient arrived to the ED 23 minutes after her change of condition. She was sent to CT. The ED physician received a report from radiology that the patient was having early signs of a CVA 56 minutes after she was found down. The ED physician did not contact the neurologist nor initiate the stroke protocol until 2 hours and 23 minutes after she patient was found down. The neurologist ordered the patient to be transferred to another facility. The patient did not get transferred until almost 4 hours later. Patient suffered extensive paralysis. Verdict for the plaintiff, undisclosed amount.


Failure to treat respiratory exacerbations resulting in death: (Traditional Paper Charting, Hospital)
39 y/o female with history of triplegia, second to automobile accident 14 years prior, aspiration, urinary track infection, and anxiety. She presents to the ED with complaints of shortness of breath, cloudy urine with foul odor and purulent material in the urine. She was admitted with the diagnosis of a urinary track infection. During the hospitalization she had several episodes of desaturation (oxygen level went low), change in mental status, and worsening urinary status. Patient was ordered to have oxygen saturations of 94% or higher. There were no assessments documented for 6 hours before the patient was found without pulse and respirations. Patient was successfully necessitated, coded again and died. Verdict for the plaintiff, undisclosed amount.

Unwitnessed Fall, Subdural Hematoma (Paper Charting, Nursing Home)
72 y/o female was admitted to the hospital after suffering a gastrointestinal bleed. During her recovery, she suffered a cerebral vascular accident. She was placed on a heparin drip. During her rehabilitation, she was being seen by a physical therapist, an occupational therapist and a speech therapist. The patient was transferred to a step down unit and there were notes from the therapist noting that the patient was having a decline in her mental and physical status. There were no notes entered by the nursing staff. The patient fell out of bed, suffered a subdural hematoma and died. Verdict for the plaintiff - undisclosed amount.

Unwitnessed Fall, Resulting in Back Fracture (Paper and Traditional Charting, Rehab Facility, Personal Injury)
75 y/o female in the rehab facility after have a right total know replacement. She was using the bathroom and mobilized herself in a wheelchair, when her wheelchair tipped over because of an obstruction in her pathway. Report written to speak to the standards of care for the healthcare facility.
Outcome pending.


More case examples available upon request.