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When Is Necrotizing Fasciitis Considered Medical Malpractice?

Close-up of flesh-eating bacteria, depicted as red spherical cells with blue and red spikes.

Necrotizing fasciitis, often called the "flesh-eating disease," is a severe bacterial infection that rapidly destroys soft tissue and is one of the most common medical malpractice injuries. While rare, this condition can lead to life-threatening complications if not promptly diagnosed and treated. In some cases, medical professionals' failure to properly handle necrotizing fasciitis may constitute medical malpractice.

What is necrotizing fasciitis and how does it develop?

Necrotizing fasciitis is a fast-spreading infection that affects the fascia, the connective tissue surrounding muscles, nerves, and blood vessels. The infection often starts from a minor cut or injury and rapidly progresses to severe tissue damage. The types of bacteria that cause this condition include:

  • Group A Streptococcus: This is the most common cause of necrotizing fasciitis, also known as Streptococcus pyogenes. It's often associated with the term "flesh-eating bacteria."
  • Staphylococcus aureus: This often causes severe infections, especially in healthcare settings. It includes methicillin-resistant Staphylococcus aureus (MRSA).

Symptoms of necrotizing fasciitis include:

  • Severe pain disproportionate to the visible wound.
  • Redness and swelling that spreads quickly.
  • Fever and chills.
  • Skin discoloration or blistering.

What constitutes the standard of care for necrotizing fasciitis?

Medical facilities have a standard of care to meet when treating or housing patients, including:

  • Timely and accurate diagnosis: Doctors should recognize the signs and symptoms and consider the patient's medical history and risk factors.
  • Appropriate testing: This may include blood tests, imaging studies, and tissue biopsies to confirm the diagnosis.
  • Prompt treatment: Immediate administration of broad-spectrum antibiotics and surgical debridement of infected tissue is typically necessary.
  • Ongoing management: Close monitoring of the patient's condition, adjusting treatment as needed, and providing proper wound care are critical.

When do diagnostic and treatment errors lead to malpractice claims?

Misdiagnosis or delayed diagnosis of necrotizing fasciitis can have severe consequences. Malpractice claims typically arise when a doctor fails to recognize the symptoms or dismisses them as a less serious condition. Additionally, malpractice may occur when doctors fail to order the necessary diagnostic tests, or there is an unreasonable delay in seeking specialist consultation.

Even with a correct diagnosis, improper treatment of necrotizing fasciitis can lead to malpractice claims. Examples include:

  • Delaying the start of antibiotic therapy.
  • Failing to perform timely surgical debridement.
  • Using inadequate surgical techniques that don't remove all infected tissue.
  • Providing substandard post-operative care or wound management.

What must patients prove in a necrotizing fasciitis malpractice case?

To establish medical malpractice in a necrotizing fasciitis case, patients (or their legal representatives) must demonstrate:

  • A doctor-patient relationship existed.
  • The healthcare provider breached the standard of care.
  • This breach directly caused harm to the patient.
  • The patient suffered damages as a result.

Proving these elements often requires a thorough investigation and expert testimony from medical professionals who can explain how the care provided fell short of accepted standards. A medical malpractice lawyer would typically obtain and review all relevant medical records, investigate the healthcare facility, gather evidence of damages, identify and interview witnesses, review hospital policies, and analyze communication records.

It's important to act fast and get legal help from a skilled attorney when pursuing a medical malpractice claim. The rapid progression of the disease can blur the line between unavoidable outcomes and medical negligence. Plus, initial symptoms may mimic other, less serious conditions and pre-existing health conditions might contribute to the infection's development or severity.

Contact our Georgia medical malpractice attorneys

If you or a loved one has suffered from necrotizing fasciitis due to medical negligence, you may have grounds for a medical malpractice lawsuit. At Kurle Justus, LLC, we understand the devastating impact this medical condition can have on victims and their loved ones. Our experienced and compassionate Georgia medical malpractice lawyers are ready to be your voice for justice.

With years of experience handling complex medical malpractice cases, we can thoroughly investigate your claim, gather crucial evidence, and fight tirelessly for the compensation you deserve. We have a proven track record of success in securing justice for our clients, including:

  • $3.2 million jury verdict against a major healthcare system.
  • $1.75 million settlement for a family who lost a loved one due to a doctor's misdiagnosis.
  • $1 million settlement for a patient who suffered paralysis as a result of negligent surgical practices.

Contact us today for a free case evaluation. Let us use our knowledge and resources to ensure that your rights are protected and that you receive the justice you deserve in this challenging time.

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