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| Landmark Case for Zwiebel & Fairbanks |
| XIX/49-50
MEDICAL MALPRACTICE-FAILURE TO MONITOR VASCULAR
INTEGRITY OF LEGS AFTER UROLOGICAL SURGERY-THROMBOSIS-ABOVE-THE-KNEE
AMPUTATION. |
| SETTLEMENT:$950,000.
Harold and Joanne Soderquist v. Albany
Medical Center 2630/00 Date of Settlement 3/11/02
Albany Supreme |
| Deft.
Atty: Thomas G. Daley of Maynard, O'Connor,
Smith & Catalinotto, L.L.P., Albany |
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This
case settled for $950,000. Plaintiff, currently
age 73, suffered from bladder cancer. During the
initial workup to surgically replace his bladder,
an aortic aneurysm was found. A repair of the
abdominal aneurysm was performed with a graft
from his leg. After he recovered from that surgery,
he was readmitted to the hospital on 11/11/97
for the bladder removal and insertion of a prosthetic
bladder.
The
surgery took approximately 11 hours and plaintiff
was transferred to the post-anesthesia intensive
care unit in seemingly good shape. Three hours
later, he was transferred to the surgical intensive
care unit where his right lower extremity was
noted to be cold, colorless, and without several
pulses. It was then discovered that he had suffered
a thrombosis in the right femoral artery in his
leg.
The
protocol for urological surgery did not mandate
the periodic recording of the vascular integrity
of the legs. However, plaintiff contended that
because he had recently undergone major surgery
for the aortic aneurysm, he was at increased risk
of a vascular accident in his legs. Plaintiff's
expert claimed that this increased risk mandated
that be be monitored as if he had undergone vascular
surgery as opposed to urological surgery. Such
monitoring would have mandated an examination
every 15-30 minutes of the vascular integrity
of the legs. The expert further opined that the
thrombosis discovered at 11pm had started more
than 3 hours before the discovery and that proper
monitoring would have revealed the thrombosis
hours earlier and probably would have saved the
leg.
As
as a result of the thrombosis, plaintiff underwent
an emergency thrombectomy to remove the thrombosis
and fasciotomies to try and save the leg. The
leg became seriously infected and plaintiff suffered
from overwhelming sepsis which defendant Hospital
could not control. On 11/22/97, plaintiff underwent
an above-the-knee amputation. He was later fitted
with a prosthetic leg.
Pltf.
Expert: Plaintiff would have called Dr.
James Bannister, vascular surgeon, Camden, New
Jersey. |
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