$650,000 Settlement in Medical Malpractice Case Based Upon Failure to Diagnose An Infection

Albert Law secured a $650,000 confidential settlement in a medical malpractice case arising from negligent treatment following an elbow injection procedure.

The case involved allegations that a physician failed to meet the standard of care during treatment, leading to a serious infection. The “standard of care” is the standard by which all physicians must abide without being negligent.

According to the filings, the patient developed a staph infection after an elbow injection and later required multiple hospitalizations and surgeries. The lawsuit also included a related claim for loss of consortium for the victim’s spouse.

As the case progressed, evidence showed that the provider told the patient that they had no infection before receiving final lab results. As a consequence, the patient sought treatment that exacerbated the infection.

The plaintiffs moved for partial summary judgment on liability, noting that experts agreed the care fell below the accepted standard, although the motion was not decided before settlement.

The parties ultimately resolved the matter through settlement.

Why it matters

Medical malpractice cases often turn on whether providers follow proper diagnostic and treatment protocols. This case highlights the risks of acting on incomplete information and the importance of accurate patient communication.