The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. 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 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.)
Several days later Oliver returned to her surgeon, who noted that Oliver had a fever for several days.
On Aug. 31, Oliver visited the Kaiser facility again and the staff performed a tap on her knee and completed a culture. She was diagnosed with a gram-negative infection.
Oliver sued Kaiser, alleging that the hospital delayed in diagnosing her knee infection.
Plaintiff’s counsel argued that during the Aug. 10 visit the Kaiser emergency room physician should have tapped the knee and then performed a washout in addition to placing Oliver on antibiotics. None of this was done, counsel contended. Counsel claimed that Oliver’s elevated blood sugar level, temperature and white blood cell count was indicative of an infection.
Defense counsel stated that Oliver’s temperature was normal when Oliver returned to her surgeon several days later.
Defense counsel contended that Oliver did not have a temperature while in the emergency room and the staff could not duplicate the fever she had at home. Counsel claimed that Oliver’s lab results were only slightly elevated and indicative of a post-operative response to pain, and that the minimal effusion was normal post-operative swelling.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Oliver is too young to undergo a total knee replacement, which will be required in the future, and she can no longer work as a registered nurse. She claimed that she has continued pain and decreased range of motion in her knee. She can no longer bend her knee or play any sports.
Plaintiff’s counsel contended that if Oliver’s infection had been diagnosed immediately, she probably would still have lost her hamstring graft but her articular cartilage could have been saved. The cartilage was destroyed by the infection.
Defense counsel contended that Oliver could work in a sedentary job.
SUMMARY:
RESULT: Arbitration
Award Total: $749,000
The arbitrator found for Oliver and awarded her $749,000.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.