Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
On February 3, 2000, Dr. W. finished his radiation treatments of Mr. Smith’s lower back skin lesion. He returned Mr. Smith to the care of Dr. X..
On February 23, 2001, Mr. Smith returned to Dr. W. for a follow-up visit. Dr. W. noted in part to his report to Dr. X.:
“The patient states he is doing well except he has a chronic sore over the low back. The patient will return to see Dr. X. regarding this in the near future. He will return to see Dr. X. as scheduled.”
The contents of Dr. X’s reports are referenced herein. The balance of Dr. W.’s records are referenced herein.
Under Dr. X.’s care the wound never healed. It became extremely painful. Dr. X. described it as an ulcer. Dr. X’s nurse recorded on December 21, 2001: “complains back hasn’t healed up since radiation.” The contents of these records are referenced herein.
Dr. X. used a number of drugs on Mr. Smith including various ointments, and Neurontin.
The pain from the back wound grew worse. William Smith’s family members described the wound as “infected, red, and foul smelling.”
When the pain grew unbearable, Dr. X. injected the open wound with 3 ml of Kenalog, a powerful steroid, on March 11, 2003.
Injecting an infected wound with a steroid has been described as “like throwing gasoline on a fire.”
In his deposition taken on February 25, 2004, Dr. X. admitted on page 71, lines 14 through 21:
“Q. Right. And would you agree that injecting an infected wound with a steroid such as Kenalog would be the wrong thing to do?
A. I would agree that injecting an infected wound with Kenalog would be the wrong thing to do.
Q. Why would it be the wrong thing to do?
A. Kenalog can interfere with the healing process and with the immune process.” (See Part 5 of 23.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.