Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
Susan Smith:
“MC: On that occasion [3/17/02] did you happen to see the wound on William’s back?
SS: Yes.
MC: How did you come to look at it?
SS: Because our aunt was so upset so she said come and look at, he never wanted us to look at it, and we all went over there and looked at it. Unbelievable.
MC: What did you see, how would you describe it?
SS: It was gross, it was just unbelievable. It was all red and swollen and smelled.
MC: Have you had children?
SS: I have four daughters.
MC: So you’ve seen an infected wound before?
SS: Yes.
MC: Was that wound infected when you saw it?
SS: Yes.
MC: Clearly infected?
SS: Yes.
MC: No doubt in your mind?
SS: Yes, because it was red all around it.
MC: You were just shocked at the way the wound looked?
SS: Yes.
MC: You couldn’t believe that the wound was that bad?
SS: No.
MC: After Dr. X. had been taking care of it for two years?
SS: Right.”
Mary Smith:
“MC: On 3/17/2002, you gathered at William’s house, the whole family?
MS: Yes.
MC: On that occasion on 3/17/02, did you look at the sore on William’s lower back?
MS: Yes we did.
MC: Had you ever seen that sore before?
MS: No. . . . He was in a lot of pain, so we just insisted on looking at it.
MC: So, on 3/17/2002, you took a look at it?
MS: Yes.
MC: Can you tell us what you saw?
MS: Red all around it, there were red streaks, his whole back was red.
MC: Was there a smell?
MS: Yes, terrible smell.
MC: When you looked at that sore, did it look infected to you?
MS: Yes.
MC: And that’s because of why?
MS: Because of all the redness and swelling and smell.”
The staff at ABC Hospital saw Mr. Smith on March 23, 2002, and immediately thought the wound might be infected. The emergency room doctor started him on IV antibiotics and ordered a culture.
A photograph of the wound on the morning of March 23, 2002 is referenced herein. Anyone looking at this photograph would have to consider infection. The photograph was taken less that 48 hours after Mr. Smith’s last visit with Dr. X.
Dr. X. last saw Mr. Smith on March 21, 2002, when he was reporting severe back pain from the open wound on his back. Two days later, on March 23, 2002, Mr. Smith was carried by ambulance to the emergency with “excruciating” pain from this open infected wound.
Because he refused to consider infection, Dr. X. failed to do a culture. Because he failed to consider infection, he never prescribed an antibiotic treatment that could have cleared up the infection, prevented the sepsis, and prevented the resulting quadriplegia.
In fact, the most significant thing Dr. X. did was to inject the wound with Kenalog, which was the worse thing he could have done. (See Part 12 of 2..)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins