Man Sues Hospital For Medical Malpractice After Claimed Failure To Treat

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Alex’s right foot ulcerations healed, but he had Charcot foot in the left foot. He underwent a mid-foot fusion performed by a podiatric surgeon as well as an Achilles tendon lengthening procedure.

Facts:

In September 2006, plaintiff Kirk Alex, 48, a truck driver, was referred to podiatrist Ben Platt for diabetic ulcerations of his right foot.

Alex sued Platt, contending that Platt failed to diagnose Charcot foot.

Plaintiff’s counsel presented evidence through a forensic document examiner that Platt altered his records by re-writing the notes of each office visit. Platt’s failure to make a timely diagnosis allegedly resulted in a poorer outcome than Alex would have obtained otherwise, as surgery could have been avoided if the foot had been placed in a non-weight baring status. It was the continued use of his left foot that caused fractures and dislocation, according to plaintiff’s counsel. Counsel contended that the left foot condition had started by the time of the initial consultation with Platt on Sept. 20.

Platt responded that the left foot injury had not occurred before Sept. 20. The defense podiatry expert showed bilateral X-rays taken by Platt on Sept. 20 that the left foot injury had not yet occurred. He also put on that X-rays were Alex’s films. The tissue envelope evident in the films was normal and equal in both feet, according to defense counsel.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Defense counsel asserted that, when the left foot dislocation subsequently developed, Platt immediately diagnosed the condition, immediately immobilized the left foot and made Alex non-weight bearing. He also obtained a CT scan and referred Alex to a podiatric surgeon with more experience in surgical treatment of Charcot foot.

(In reporting this case, the sides disagreed about whether Platt missed the Charcot foot diagnosis or whether he failed to diagnose a different injury which then led to Charcot foot.)

Plaintiff’s counsel contended that Platt’s failure to make a timely diagnosis resulted in a poorer outcome. The surgery could have been avoided if the foot had been placed in a non-weight baring status, plaintiff’s counsel argued. Alex’s continued use of his left foot caused the fractures and dislocations, according to plaintiff’s counsel.

He could no longer operate his truck, which was his only source of income, plaintiff’s counsel contended.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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