Necrotizing Fasciitis Misdiagnosis Claims in Maryland


Necrotizing fasciitis is traumatic. The rapidly spreading and progressive inflammation is essentially an infection of the deep fascia. The condition is commonly referred to as a “flesh eating virus,” because it gives the appearance of actually destroying the cells of the infected area. However, the disease does not eat the flesh but causes the surrounding skin and tissue to die. If necrotizing fasciitis is not caught early on, it can lead to some serious issues, including amputation or even death in certain instances.

This insidious bacterial infection may result from a lot of different things. It is usually from some sort of skin penetrating trauma. These cases often come from bed sores in nursing home cases. There are also cases from burns, blunt trauma injury, and childbirth.

Do Victims of Necrotizing Fasciitis Have a Malpractice or Nursing Home Negligence Claim?

No one denies necrotizing fasciitis a challenge to diagnose and treat. But everyone also agrees that a quick diagnosis is critical to a successful outcome. We cannot expect doctors to spot NF in its infancy. But there are far too many cases where doctors fail to consider necrotizing fasciitis as a differential diagnosis when, given the fury at which this disease attacks, a reasonable, prudent doctor would have done so. There are also cases where a nursing home should know that something is awry and take further steps to get the patient some medical care by a doctor in the position to diagnose and treat the problem.

Who Is at Risk?

NF is technically an infection, so it’s not like you can just walk down the street and get it. In fact, it’s somewhat rare. However, those who have severe pressure sores on their body are at a higher risk of contracting the infection. Pressure sores, or bedsores, afflict those who are in nursing homes, hospitals, or any condition that requires remaining in the same position for a sustained period. Still, it’s possible to bring on NF by receiving blunt trauma, abrasions, going through childbirth, or really any injury that breaks the skin. But there are also instances where the cause of NF is unknown, which makes the task of making a diagnosis all the more difficult.

What Does Necrotizing Fasciitis Do to You?

Early on symptoms of NF are vague. They usually include some pain in the general area of injury or abrasion. Afterward, there might be flu-like symptoms: diarrhea, nausea, confusion, dizziness, and tiredness. This is a heads-up for doctors that the patient could have a lot of things, including NF. It gets worse quickly. It would feel like the worst flu you could have, and usually involves a confluence of all of these symptoms in the worst possible way. Later on, you may experience a purple rash around the area of the injury with severe swelling. Plus, the wound will start to look necrotic. Then things go frenetically from bad to worse. Blood pressure will start to drop severely, and the body will go into septic shock because of all the toxins floating around your system. This eventually leads to unconsciousness because of how hard the body has to fight off this infection.

Once this happens, it is critical for a doctor to diagnose NF. CT scans, imaging scans, and blood tests are often performed on the area. Antibiotics need to be prescribed and administered through an IV to fight the infection. After the infection is gone, skin grafts are often needed to repair damaged skin. But this is often not enough and amputation may be required. Plus, you might need to spend time in a hyperbaric chamber. In the end, the prognosis depends on the type of bacteria, how the antibiotics reacted, and how quickly the infection spread. But really, the most important factor is how quickly a diagnosis happened.

The Final Analysis

Even after treatment, the infection can spread. And NF often results in permanent scarring, tissue damage, loss of function, and in some cases even death. The biggest thing to remember here is that the earlier the diagnosis happens, the better off you will be. Many doctors don’t make this diagnosis in time, and that can be the difference in someone suffering severe (and even fatal) consequences of their delay. Many nursing homes, hospitals, or care providers may suggest that NF is unavoidable or that it was going to happen regardless of treatment, but that ignores that fact that an early diagnosis can make a difference.

Necrotizing Fasciitis Settlements and Verdicts

  • 2013, Virginia: $7,650,000 Verdict: Plaintiff, a 47-year-old man, is hospitalized after suffering bone fractures in a car accident. He is discharged within a week of his admission. The man follows up with the Defendant orthopedist. By this time, Plaintiff has developed wound and thigh blisters, which have drained and left an open red, beefy area on his skin. However, the Defendant orthopedist never removes Plaintiff’s bandages to check for this. Several days later Plaintiff is transported to a hospital emergency room where he is diagnosed with necrotizing fasciitis. Numerous debridements are performed, but the man ultimately requires an above-the-knee amputation, hip disarticulation (amputation at the hip) on the same side, and a below-the-elbow left arm amputation. A jury awarded the man $7,650,000. 
  • 2012, U.S. District Court in Baltimore: $1,500,000 Verdict: A 38-year-old man arrives at Express Care of Bel Air with a red, painful cyst near his backside that had expanded to his testicles and swelled. He is referred to Upper Chesapeake Medical Center in Bel Air, where a CT scan is taken of his pelvis. The medical report on the CT notes air in the man’s right scrotal sac and perineum. The two Defendant doctors diagnose him with cellulitis. Two days later, an infectious disease doctor expresses concern over necrotizing fasciitis based on the air found in the CT scan. The specialist operates on the man the following day, 58.5 hours after the CT scan. By that time, the surgery required extensive removal of dead tissue, including that around the penis, as well as removal of the scrotal sac and the right testicle. As a result, the man lost a testicle as well part of his penis and now suffers from lessened sensitivity as well as pain upon erection. Doctors had to graft skin from his leg onto his penis, which is now one-third shorter. Four additional surgeries were required. The court found that the Defendant doctors failed to appreciate the likelihood of necrotizing fasciitis based on the fluid in the CT scan. It awarded the man a total of $ 1,530,313.27 in damages.
  • 2012, Michigan: $750,000 Verdict: Plaintiff, a woman in her mid-40s, presents to the emergency room of the Defendant hospital multiple times during a 30-hour period. While her vital signs are within normal limits during the first visit, she exhibits worsening signs and symptoms that point to serious a bacterial soft-tissue infection during the second visit. These symptoms include an abnormal heart and respiratory rate, abnormal blood pressure, right-sided tonsil swelling with whitish-yellow puss, and right jawline tenderness and swelling. The Defendant PA negligently disregards these alarming abnormalities and does not ask the E.R. doctor to examine Plaintiff. Plaintiff is discharged. After that, Plaintiff’s bacterial infection develops into necrotizing fasciitis. She requires a lengthy hospitalization, is in a comatose state for over a month, and needs multiple surgeries to swallow again. A jury awarded her $755,000. 

Getting a Lawyer

Miller & Zois has successfully handled many medical malpractice claims in Maryland. We know the excuses that the care providers try to feed patients and loved ones to excuse their negligence. And we know how to fight back for you. If you or a family member has suffered necrotizing fasciitis as a result of medical negligence, nursing home negligence, or care provider negligence, get a free on line free case consultation or call Miller & Zois at 800-553-8082.

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