Delayed Diagnosis of Kidney Stone Infection Results in Amputation: $3 Million Settlement
Lawsuit claims failure to timely diagnose kidney infection before it turned to sepsis requiring amputation of fingers and toes
2025 Medical Malpractice Settlement Report
By Andrew H. Miller, Attorney for the Plaintiff
Boston, Massachusetts
Case background
On 1/22/18, the Plaintiff was seen in the Emergency Department by the defendant emergency medicine doctors. The Plaintiff reported symptoms of urinary frequency, constant left flank pain, and nausea and vomiting. The Defendants ordered lab work, which revealed the presence of trace bacteria, leukocyte esterase (an indicator of UTI), and red and white blood cells in the Plaintiff’s urine. They also ordered a CT scan, which revealed a kidney stone that was blocking the left ureter and causing urine to back into the kidney.
The Plaintiff’s experts were prepared to testify that the abnormal lab values, combined with the CT findings, and the Plaintiff’s symptoms, were suggestive of a complicated urinary tract infection that could become life or limb-threatening, and required immediate treatment with antibiotics as well as the immediate involvement of a urologist.
The Defendants, however, discharged the Plaintiff home without antibiotics.
Two days later, the Plaintiff was transported back to the emergency department with dangerously low blood pressure. She was in severe septic shock caused by the UTI that had gone undiagnosed by the Defendants two days earlier. She was admitted to the ICU, where she was put on maximum doses of several medications that were intended to raise her blood pressure in order to save her life.
A side effect of these medications was to cause decreased blood flow to her extremities. As a result of this side effect, the Plaintiff developed dry gangrene (caused by lack of blood flow) in her hands and feet. This led to the amputation of the tips of the Plaintiff’s fingers, as well as the amputation of approximately half of each of the Plaintiff’s feet.
The Plaintiff’s experts were prepared to testify that the amputation of the Plaintiff’s extremities was caused by the failure of the Defendants to treat the UTI before it progressed to sepsis.
After the amputations, the patient needs assistance with her activities of daily living, including self-feeding, grooming, bathing, dressing, toileting, and transfers. She has not walked since the amputations.
The case settled for $3,000,000 just prior to trial.
Lubin & Meyer medical malpractice attorneys Andrew C. Meyer, Jr. and Andrew H. Miller represented the plaintiffs in this case.
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