Posted on 09/13/2005 10:58:25 AM PDT by KJC1
Man Sues Over Leg amputation after Ingrown Toenail LAST UPDATE: 9/13/2005 12:46:58 PM
WACO, Texas (AP) - A farmer whose right leg was amputated five days after he sought treatment for an ingrown toenail has filed a negligence lawsuit against a hospital.
Troy Zacharias, a diabetic who contracted a flesh-eating infection after his toenail was removed in 2003, seeks unspecified damages against Scott & White Memorial Hospital, the Scott, Sherwood and Brindley Foundation, Scott & White Clinic and Dr. Matthew R. Porter, a former employee at the Scott & White Clinic in Waco.
The lawsuit filed last week claims the Zacharias, 38, of McGregor suffered "unspeakable" pain, mental anguish and disfigurement.
His attorney Jim Hering declined comment on the lawsuit.
Attorney Bob Burleson, who represents Scott & White, said the lawsuit is without merit and that Zacharias is alive only "because he got the very best of care." Porter, who no longer works at the clinic, did not return phone messages.
Zacharias had a fever two days after his toenail was removed, so he went to the clinic. Instead of examining his foot, Porter prescribed a medication for flu-like symptoms even though flu cultures proved negative, the suit alleges.
Zacharias' condition worsened and the pain in his right leg became severe, according to the suit. He returned to the clinic a few days later, where another doctor ordered his immediate hospitalization.
Zacharias' wife drove him to Scott & White Hospital in nearby Temple where "virtually nothing was done for Troy for hours after he arrived," the lawsuit claims.
After his leg was cut off just above the right knee, Zacharias suffered kidney failure and a heart attack. By the next day, he suffered multi-system organ failure and could breathe only with a ventilator, the suit says.
Over the next few months, Zacharias had more surgeries and procedures on the leg, according to the suit.
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Information from: Waco Tribune-Herald, http://www.accesswaco.com
He sounds like one of those diabetics that won't take care of themselves.
Wow, now that's what I call an assumption! He went to have a toenail treated and he contracted an infection, nothing about that story says he didn't take care of himself.
I live in the area. I wouldn't let Scott and White do an autopsy on me.
That's really an excellent question. I did diabetic foot care in an outpatient clinic for a while, and part of it was clipping their toenails for them.
First, the feet are soaked in a warm antiseptic solution for about 20 mins, then carefully dried, and the toenails are cleaned with an orange stick. Then, a little dremel sander (literally, a tiny dremel sander) is used to trim and shorten the toenail. Most diabetics have toenail fungus, as well as other fungi, due to the high sugar concentration in their blood, and many older diabetics have peripheral neuropathy as well. Those thick yellow toenails are extremely hard to trim, the sander works much better and leaves a smooth nail with no jagged edges.
Medicare pays for it, if it is prescribed by a doctor, and in my opinion, it saves lives. Laugh all you want. ;-D
PS, part of the visit is taking vital signs (including checking for a fever) and checking the feet for numb areas, and charting that on a little outline of the foot.
I live in the area as well and don't see a major problem with Scott & White.
Myself, but what I do see is they sure like to get that copay cash. Like to change or refill a Rx and you call them and the first words out of the other end of the phone is "well come on in and bring your ins. card and copay"
Most of the time, the "Billing Office" is totally seperate from the "Medical Care Office".
Contrary to "Popular Belief," MOST DOCS are UTTERLY IGNORANT of the behavior of their "Billing Office!"
The "Billing Office" is responsible for generating enough income to "Cover the Overhead" for at least a Half-Dozen Employees.
Over the past 20 years, most 'Docs" have seen their "Reimbursements" diminish by ~30%.
There has been NO comparable drop in "Overhead."
The "Insurance Industry" has taken FULL CONTROL of "MD Fees."
Most 'Docs are TOTALLY BEWILDERED by the arbitrary devaluation of their services.
EVEN More than the 'Docs, Their employees understand that they are ALL struggling for their financial survival.
WHY DO YOU SUPPOSE THAT SO MANY 'DOCS ARE LEAVING MEDICINE "IN THEIR PRIME??"
The "HEALTH INSURANCE INDUSTRY" is--FLAT-OUT EVIL--& the 'Docs have been put in a position of "Responsibility without Authority!"
The Few of us who are left are fighting a Losing Battle--& we know it.
What keeps us going is the "Calling;"--we have an innate responsibility to the Patients (& the "HEALTH INSURANCE INDUSTRY" KNOWS THIS.)
Unless the FALSELY USURPED authority of the "Health Insurance Industry" & the Pharmacists is Heavily Curtailed, Medical care in America will degenerate to that of "Third World Countries"--or Below.
I am telling you the TRUTH.
Doc
My point is that the time slot they want me to use and pay for could be put to use seeing somebody that NEEDS to see a Doc instead of having me back in 2 days after I was just there simply to change to a different med that works for me (in this case BP meds that when I took them I could not get out of bed much less go to work on it)
I'm aware of that. My problem is not with the Doc's.
BTW S & W is the Clinic AND Ins Co. in My case.
I just looked at your profile page.
We need more like you!!! In fact as I was typing my 1st reply to you I was thinking about the old days when one went to a Family Doc that handled everything, not like now being handed off from one "specialist" to another.
Considering the Degeneration of Medical Training (The Lawyers Managed this, too--I'll tell you how, if you're interested) & the Devolution of Medical Care to Less-Trained Clinitions (Nurse-Practitioners, etc--Cheaper Labor), the Mis-Diagnosis is Tragic, but not unexpected.
The Insurance Industry has Usurped the Authority, but, (by some Clever Legal Moves) left the Responsibility with the 'Docs.
"Dollars to Donuts" that Diabetic didn't see a Qualified Physician when his Cellulitis was Progressing. Just a Guess.
Doc
You aren't kidding. I went for a standard medical procedure and got staph pneumonia. I honestly expected to die and was surprised when morning finally came, after 10 days, and I was still alive. If offered an elective medical procedure elect not to! Hospitals are dangerous places.
"I am telling you the TRUTH."
I believe every word you say. I know it is true. Before we had the Health Insurance Industry I was able to pay for my medical care and that of my children out of my very small salary. Yes, it was sometimes difficult but never the total castrophe that it would be now if I didn't have insurance. Something is very wrong with the medical insurance game. I see what my doctor get paid after the "negotiated savings" and I know he can't afford to accept that and make a living plus pay his office staff. I also see what I and my employer pay for health insurance and it is a huge amount. Somewhere twix and tween there is a major slip or hole and millions of dollars are rolling into it. I believe it is the Health Insurance Industry.
When the few of us still working retire, we may need several decades to re-establish a cadre of Physicians (Capital Intended) trained as I was.
I already mourn my physician generations' passing--Not just the 'Docs, but the Nurses.
I mourn the passing of the Greatest Generations of medical care specialists the World has ever seen.
We have been CRUSHED by the Lawyers & the Insurance Industry.
Doc
When an Insurance Company launches a MultiBillion Dollar advertising campain to get more subscribers, the ads are NOT aimed at the current subscribers, they are aimed at the Stockholders of the company buying the Insurance. Think of where the money goes when 10,000 employees change insurance plans. THAT's what that "Game" is about!!
One way out of this corporate scam is individual "Health Savings Accounts--but even that solution won't restore the level of medical training once required by our 'Docs & Nurses.
I fear we are in for some difficult times in medical care in our nation.
Doc
Some of these posts contain incorrect information about foot infections.
Most ingrown toenails are ingrown along the sides, not at the ends. The side of the nail cuts through the skin like a knife. The wound cannot close and heal, because the nail remains inside the wound. All such wounds will have some degree of bacterial infection present.
In this case, it sounds as if the complete nail was removed, and perhaps the entire nail matrix was excised as well. I'm sure that the malpractice suit will explore whether or not the procedure was necessary.
Diabetics often have serious foot problems, because of reduced circulation, diminished or absent sensation, and increased susceptibility to infection. Competent doctors take diabetic foot infections very, very seriously, because the risk of losing a foot or leg to infection is so great. The diabetic who has lost a foot or leg has a significantly reduced life expectancy.
"Gangrene" is not synonymous with "infection". Gangrene requires loss of blood supply. Most diabetic foot infections are not gangrenous.
As to what will happen in this case... The "flu cultures" won't matter, what will matter is the appropriateness and quality of the foot surgery and post-op care. Was it the right procedure, and was it performed properly? Should the procedure have been done in a hospital? Were prophylactic antibiotics used, and if so, were they the correct antibiotics? What were the results of the examination and tests that were performed when the patient presented with a possible infection? Was there a delay in treatment that affected the patient's outcome? Etc.
The article sounds like it was written by the patient's lawyer.
The thing to notice was: " (he) contracted a flesh-eating infection"
Now that kind of infection is swift and the following things Do happen:
kidney failure, a heart attack, multi-system organ failure and the person can breathe only with a ventilator.
It doesn't matter if he was diabetic or not - the flesh eating infection will do that to you.
My mom was a diabetic and they usually have more problems when they have an infection. Her blood sugar usually went up high and that is how she knew when she had an infection. The disease lowers your immunity.
Also-
After - after his toenail was removed, he went to the clinic. Instead of examining his foot, the doctor Porter prescribed a medication for flu-like symptoms even though flu cultures proved negative, the suit alleges.
He had a fever for two days so the doctor looked at that and not his foot, made his decision, and did not examine the foot.
That is negligence.
My mom who had
Toenail ping!
Forgot to ping you earlier when I posted this.
Mike, if you are watching, this is a leetle enticement. You know -- say hello to my leetle post!!!
Or I will have to start my own "hold muh just damn" ping list.
I mean it..
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