Legal Pearls: Florida Physician and Urgent Care Found Liable for Misdiagnosis Resulting in Patient Losing Leg

The Case

A jury heard testimony that the patient, a retired firefighter, had developed lower extremity discoloration and pain after swimming in the Pensacola Bay. By the next day, the pain and blue discoloration had worsened, and the patient went to an urgent care center for treatment. As he waited to be seen, blisters began to develop on his leg. He was treated at the urgent care center by a physician, who, according to the complaint, diagnosed him with an ankle sprain and discharged him with crutches and instructions to ice and elevate.

The Medical Treatment

When the patient had not improved the next day, he went to see a podiatrist, who immediately suspected the patient was suffering from an ongoing aggressive bacterial infection. The podiatrist arranged for the patient to be seen at the emergency department in a nearby hospital. Doctors at the hospital diagnosed the patient with a necrotizing bacterial infection which required aggressive treatment. Despite multiple procedures to remove dead tissue and stop the infection, the patient ultimately required an above-knee amputation of his right lower extremity.

The Bottom Line

A lawsuit was filed against the physician and the urgent care center. After an 8-day trial, the jury found the physician and urgent care center liable and ordered the defendants to pay more than $6.8 million to the patient, and almost $800,000 to his wife.

Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.