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Alleged Medical Neglience Resulting in Amputation (AZ)

05/07/2012      Mealey's Jury Verdicts & Settlements


Plaintiffs alleged that Defendant, a licensed podiatrist, was medically negligent related to care and treatment he provided to Mr. Bullock between April 15, 2003, and October 22, 2007. He alleges Defendant's medical negligence proximately caused him an amputation of his right fifth metatarsal and toe on October 27, 2007, performed by Dr. Twena. Mr. Bullock alleges as a result of the amputation he has certain disabilities.

Plaintiff, Douglas Bullock established care with his primary doctor Dr. J, on October 28, 2002 who referred Bullock to Defendant because Mr. Bullock was a diabetic with peripheral neuropathy who needed diabetic foot care. Mr. Bullock first saw Defendant on April 15, 2003, for right foot infection and was treated for a severe callus on the plantar aspect of the fifth metatarsal head on right foot.

The callus was debrided, X-rays taken and appropriate shoes were recommended. Defendant provided ongoing treatment to Mr. Bullock from June 2004 through October 22, 2007 for right foot proper footcare, calluses, lesions, ulcerations, which, at times, became infected. Defendant prescribed various oral antibiotics for Mr. Bullock's numerous recurring infections over the four-year period.

In January 2007, Mr. Bullock saw Dr. J for his opinion regarding his ongoing foot issues. Mr. Bullock reported that he has been on Keflex, 500 mg, ordered by Defandant, for most of the time since Thanksgiving 2006. At that time Dr. J noticed a thick brown drainage from his right foot wound on the plantar aspect near the fifth MTP, which was being treated by Defendant with oral antibiotics.

On October 19, 2007, Mr. Bullock was seen by Dr. J for evaluation of right fifth plantar MTP diabetic foot ulcer. On October 22, 2007, Mr. Bullock had an exacerbation with cellulitis of the dorsal aspect of the foot and a draining ulcer in the base of the right fifth, possible fourth metatarsophalangeal joint.

Mr. Bullock saw Defendant the week of October 15, 2007. Defandant, who initially treated Mr. Bullock with Keflex, changed Bullock to Cipro 750 mg twice a day, and then again changed him to Levaquin once daily.

On October 25, 2007 when Mr. Bullock saw Dr. J for a follow-up on his right foot, he reported that he had been on Levaquin prescribed by Defendant for four days but his foot was slowly looking worse. Dr. Johnston decided that because Bullocks cellulitis was not responding to Levaquin, he needed to be admitted to the hospital for intravenous antibiotics, MRI of right foot with nuclear medicine triple phase bone scan, infectious disease consultation, and perhaps orthopedic consultation for bone biopsy.

Mr. Bullock was admitted to TMC on October 27, 2007, where he had amputation of the right fifth metatarsal and toe performed by Dr. Twena. Mr. Bullock was followed for his infection by infectious disease specialist, Dr. C.

On November 27, 2007 Mr. Bullock was admitted to St. Joseph's Hospital for a non-healing amputation site right lateral foot, ongoing drainage and necrotic tissue in wound. Follow-up treatments were done and the wound completely was healed by February 21, 2008.

Defendant denied the allegations, and asserted he provided appropriate medical care and treatment to Mr. Bullock. He denied his treatment caused Mr. Bullock to need an amputation of his toe or caused Mr. Bullock's alleged disabilities.

Result: Defendant's verdict ($0)

Plaintiff Expert: John Anthony Ciccone, DPM, El Cajon, CA

Defendant Expert(s): Lewis Freed, DPM, Dr. James Malone, vascular surgeon

Source: Mealey's Jury Verdicts & Settlements