Medical Malpractice
Improper Dosage Of Antibiotics
Amputation $900,000
Injuries alleged: Below-the-knee
amputation and husband's loss of consortium
Court: Withheld
Amount of settlement: $900,000
Case Summary:
The plaintiff was admitted to the hospital for intravenous antibiotic
therapy to treat an infected ulcer in her heel. The defendant
specialist was treating the plaintiff's infection.
The plaintiff was placed on intravenous vancomycin over her first
six weeks in the hospital. The dose she was given was only one
half of the standard manufacturer's recommended dose.
The defendant was allegedly unable to offer any explanation as
to why this dosage was chosen and claimed that he was unaware
that the plaintiff was receiving the half dose.
The defense contended that this dosage was not subtherapeutic.
The defense claimed that cultures taken from the wound showed
that even the dose of the antibiotic which was administered did
eradicate the bacteria it was supposed to kill.
The plaintiff's expert and other treating doctors disputed this
defense contention, and claimed that the dose given was subtherapeutic
and allowed other bacteria to proliferate in the wound such that
healing never occurred.
The defense also alleged that amputation was not necessary, and
that the plaintiff had viable surgical options available to her
rather than amputation. The plaintiff's counsel introduced photographs
showing that the plaintiff's foot was grossly edematous and had
become useless by the time she elected to have the amputation
performed. This case was settled three days after commencement
of a jury trial. Prior to trial, there had been no offer.
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