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Professional Negligence Law Reporter

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Failure to Rule Out Infection

March/April 2019

Hassan v. Foote, No. 0061503/2014 (N.Y. Sup. Ct. Westchester Cnty. Aug. 13, 2018).

Reshat Hassan, a man in his late 50s who had previously had knee replacement surgery, fell and hurt his knee while cleaning. He called his treating orthopedic surgeon, Douglas Fauser, who told him to go to a local hospital. There, a physician’s assistant examined Hassan, ordered X-rays, and applied a brace to his knee. She then diagnosed a knee sprain and discharged Hassan with instructions to follow up with Fauser. Hassan’s pain worsened when he returned home. A few days later, he met with Fauser, who confirmed the diagnosis. The next day, however, Hassan developed chills, respiratory distress, and mental status changes. He was taken by ambulance to a hospital and diagnosed as having sepsis.

Hassan was hospitalized for three months and underwent another right knee replacement. Hassan filed suit against Fauser, alleging that he failed to rule out an infection in the right knee by ordering blood work or aspirating fluid from the knee. The plaintiff claimed that the X-rays showed bubbles on the knee, which indicated a possible infection. Suit did not claim lost income.

The jury awarded $500,000.

Plaintiff counsel: Peter Sim, Bayside, N.Y.
Plaintiff experts: David Lent, orthopedic surgery, Yonkers, N.Y.; and Peter Petropoulos, emergency medicine, Potomac, Md.