Against our internist/primary care physician, Plaintiffs alleged negligent failure to properly treat urinary tract infections (UTI) and failure to timely diagnose resultant obstructive uropathy and secure urology referral in a 58 year old master carpenter which resulted in end stage renal failure (ESRF) necessitating kidney transplant. The Plaintiff’s daughter was the kidney transplant donor. The defense contended that, to the extent that there was any delay in diagnosing Plaintiff’s renal impairment, the delay was occasioned by the Plaintiff’s non-compliance in failing to keep scheduled appointments throughout the summer of 2001 thereby denying the Physician the opportunity to fully and properly assess the Plaintiff’s UTI’s. Plaintiff was a type II diabetic and through procured pharmacy records, (despite Plaintiff’s testimony to the contrary), the defense established that he had taken himself off of his prescribed diabetic medications without advising the Defendant Physician. The defense argued that this coincided with the Plaintiff’s development of persistent UTI. The defense similarly offered proof that the Plaintiff did not properly take the antibiotics prescribed by way of phone communications to treat the UTI’s. Additionally, contrary to the records and testimony of the Plaintiff’s subsequent treating physicians, the defense, through expert urology testimony, further postured that the Plaintiff’s ESRF was not caused by UTI precipitated obstruction uropathy but was the product of a neuro-genic bladder resulting from his poorly controlled diabetes. The Plaintiffs black-boarded in excess of one million dollars in past and future economic losses. No settlement offers were made.
The case was tried to a twelve member jury in Northumberland County before the Honorable Charles Saylor. A unanimous verdict of no negligence in favor of our Physician/Client was returned following a week long trial. The case was prosecuted on behalf of the Plaintiffs by Pottsville attorney, Fred Fanelli and defended on behalf of the Defendant Doctor by Margolis Edelstein’s Michael M. Badowski.
Michael M. Badowski
NBTA Certified Civil Trial Advocate
Direct Dial 717-760-7500