Professional Negligence Law Reporter

Late one afternoon, Doe, 48, went to an urgent care facility, complaining of flu-like symptoms. Although he had a normal temperature and respiratory and oxygen saturation rates, he was tachycardic. A physician assistant (PA) allegedly diagnosed influenza and bronchitis and sent Doe home with a prescription for amoxicillin. Later that evening, he went to a hospital ER, where he was diagnosed as having severe cellulitis and sepsis. Doe required amputation of both legs and several fingers.

Doe and his wife sued the urgent care facility, alleging failure to timely diagnose cellulitis. The plaintiffs argued the PA should have conducted blood tests, taken Doe’s blood pressure, and performed an adequate examination.

The defense asserted that the PA had met the standard of care and that Doe’s symptoms were very nonspecific. Moreover, the defense argued that Doe would have suffered the same outcome even if he had been sent to the hospital immediately.

The parties settled for $850,000.

Citation: Doe v. Roe Urgent Care, Confidential Dkt. No. (Cal. Super. Ct. Orange Cty. May 9, 2022).

Plaintiff counsel: Benjamin T. Ikuta, Santa Ana, Calif.