Professional Negligence Law Reporter

Doe, 39, went to a hospital emergency room, suffering from radiating pain in her right knee. She reported that her pain level was 10 out of 10 and had increased over the course of three days. Testing showed poor kidney function and water on the knee joint. Doe also had swelling, a rapid heart rate, and a low temperature. The treating emergency room physician allegedly diagnosed knee effusion, a knee sprain, and leg edema. He ordered Doe a knee immobilizer, crutches, and pain medication and discharged her.

The following morning, Doe returned to the hospital via ambulance. She was diagnosed as having severe sepsis, necrotizing fasciitis, and septic shock. Despite serial debridements, she required an amputation of her right leg and hip joint plus several gastrointestinal surgeries, including a colostomy. Her condition worsened during her hospitalization, necessitating renal replacement therapy.

Doe sued the emergency room physician, alleging he had breached the standard of care by failing to recognize the signs and symptoms of infection and provide appropriate treatment. The plaintiff also alleged she should not have been discharged.

The defense argued that necrotizing fasciitis can be difficult to diagnose and that Doe had not manifested signs and symptoms of infection when she first presented to the hospital.

The parties settled for $1.25 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Confidential Ct. Sept. 7, 2021).

Plaintiff counsel: AAJ member Lee Livingston, Charlottesville, Va.; and AAJ member Heather Zaug, Ashburn, Va.