Professional Negligence Law Reporter

Doe, 56, underwent incision and drainage of a perianal abscess. He was provided with written instructions recommending sitz baths and instructing him to go to an emergency room if he had trouble urinating. Approximately one week later, Doe began to experience pain, swelling, and discharge at the incision site. Three days later, he went to an ER, where he was diagnosed as having necrotizing fasciitis. Doe underwent multiple debridements and spent the next year in the hospital and at an inpatient rehabilitation facility.

Doe sued the surgeon who performed the incision and drainage procedure, alleging failure to provide adequate postoperative instructions, including specifying what he should do if he experienced pain or discharge and outlining the warning signs for infection. The plaintiff asserted that the defendant’s negligence led to a delay in receiving care for his infection. Suit did not claim lost income.

The parties settled for $1.25 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Confidential Jxn., Ct. & Date).

Plaintiff counsel: Jason Rubin, New York City.