The plaintiff, Steven Luppold, then thirty-five years old, visited the emergency department (ED) of Lowell General Hospital (Lowell) on March 7, 2015. The plaintiff told the staff member at the registration desk that his foot was painful, cold, and turning blue…medicalmalpracticelawyers.com, Massachusetts Supreme Court Affirms $28M Medical Malpractice Judgment, Feb 2024
The plaintiff was then evaluated by a triage nurse, Carla Crocker, RN. As triage nurse, Crocker evaluated patients to determine whether they should be seen in the “primary” part of the ED — the side for more serious cases, which is staffed by physicians — or the “ambulatory” part of the ED, for less acute cases.
The plaintiff told Crocker that he had back pain and numbness in his left leg and that his left foot was cool to the touch, painful, and turning blue. Crocker determined that the plaintiff would be seen by a provider from the “ambulatory” side of the ED. Several minutes later, the plaintiff was seen by Loucraft, who did not read the triage note written by Crocker before or during his evaluation.
Loucraft reportedly did a physical examination of the plaintiff, including his foot. Loucraft described the plaintiff’s skin as warm. Loucraft diagnosed the plaintiff with sciatica, prescribed a number of pain medications and muscle relaxants, and told the plaintiff someone else would come in and discharge him.
Hanlon, a registered nurse, discharged the plaintiff shortly thereafter. Hanlon summarized the following for the plaintiff: he had come in with a blue foot, no testing had been done, and the plaintiff was being discharged. The plaintiff stated that his foot was still swollen and purple and asked Hanlon whether that made a difference.
Five days later, on March 12, the plaintiff called his primary care provider, Lahey Hospital & Medical Center (Lahey). When a doctor from Lahey returned his call the next day, the plaintiff described his March 7 visit to Lowell and reported left foot discoloration and persistent numbness. The doctor encouraged the plaintiff to go to the nearest ED immediately to be evaluated.
On that day, March 13, the plaintiff again visited the Lowell ED. The plaintiff was brought into the ED in a wheelchair by a friend, and the plaintiff reported at registration that he had left foot pain.The plaintiff was evaluated by Carlos Flores, NP.
Flores diagnosed the plaintiff with radiculopathy, peripheral edema, chronic low back pain, and hypertension. Shortly thereafter, Flores saw the patient a second time to discuss his high blood pressure and prescribed pain medication, muscle relaxants, and high blood pressure medication.
On March 17, the plaintiff reported that his left foot was intermittently painful, numb, discolored, and
cool to the touch. Dr. Robert Brew examined the plaintiff’s foot and ordered an ultrasound. Brew diagnosed the plaintiff with arterial thrombosis and deep vein thrombosis, and Brew himself walked the plaintiff to the ED in a wheelchair, where the plaintiff was admitted. On the next day, March 18, the plaintiff underwent an above-the-knee amputation of his left leg.
The plaintiff’s Massachusetts medical malpractice lawsuit alleged that Crocker, Busa, Loucraft, Flores, and Hanlon had failed to satisfy the applicable standards of care with respect to detecting and treating his blood clots and that his amputation was the result of their negligence.