Professional Negligence Law Reporter

Doe, 15, experienced abdominal pain that radiated to his groin. He went to Maimonides Medical Center’s emergency room, where a resident performed an abdominal examination. Doe also underwent blood work and a CT scan to rule out appendicitis. Doe was diagnosed as having abdominal pain and discharged with instructions to see his primary care physician. That afternoon, Doe went to his pediatrician, who sent him back to the hospital for a testicular torsion workup. Following an ultrasound, Doe was diagnosed as having testicular torsion and subsequently underwent surgery to remove his right testicle.

Doe sued the hospital, alleging vicarious liability for the negligence of the resident and an attending physician, who failed to timely diagnose and treat testicular torsion. The plaintiff argued that the defendant’s agents had failed to conduct the proper tests and provide a proper differential diagnosis. The defense argued that Doe had been comparatively negligent.

The parties settled for $225,000.

Citation: Doe v. Maimonides Med. Ctr., No. 0514468/2019 (N.Y. Sup. Ct. Kings Cty. June 23, 2020).

Plaintiff counsel: Joshua Fogel, New York City.