Anderson v. Torres, et al.
Robert L. McKenna, III obtained a 12-0 defense verdict in a medical negligence jury trial in San Bernardino. Plaintiff contended that she was misdiagnosed with a heel fracture and cellulitis, and that she was sent home without adequate antibiotic treatment from an ER visit with a nurse practitioner. Eight days later, plaintiff presented to another hospital with sepsis and osteomyelitis of the right ankle that required surgery and a lengthy skilled nursing facility stay. The defense was able to obtain a non-suit for the supervising emergency medicine physician who signed off on the note and a 12-0 defense verdict for the nurse practitioner who treated the patient. The defense proved that the standard of care was complied with and that appropriate follow up instructions were given by the nurse practitioner and were simply not followed by the plaintiff. The subsequent treating orthopedist agreed that an orthopedic surgeon would have been available to treat plaintiff within 1-2 days of her emergency room visit as instructed and plaintiff’s infectious disease expert agreed that had the plaintiff followed up in 1-2 days that she would not have suffered any of the damages being claimed in the lawsuit.