Kaiser – Failure to Diagnose Infection

Walkup attorneys prosecuted arbitration on behalf of the surviving children of a 34-year old male who went to the emergency room at Kaiser Oakland complaining of flu-like symptoms, fever, pain, and weakness so pervasive that he had difficulty walking from his car to the urgent care center. On arrival, a nurse, rather than a doctor, evaluated the patient. The nurse incorrectly determined that he was not in need of medical care and discharged him home without treatment. The next day the patient returned to the emergency room again, with worsening pain and weakness and a new symptom: unusual spotting on his fingers. He was again sent home with orders to report to the clinic that afternoon. When he returned as ordered, the doctor who saw him gave no significance to the odd spots and attributed all of the patient’s complaints to a viral illness. The member was discovered dead two days later. An autopsy demonstrated that he had been suffering from overwhelming sepsis, which should have been treated sooner with immediate medical attention and IV antibiotics. Walkup attorneys demonstrate that the Kaiser personnel who saw the decedent had breached the standard of care and caused economic loss to the surviving children, aged 9 and 8.