Hall v. Ferry

235 F. Supp. 821, 1964 U.S. Dist. LEXIS 6848
CourtDistrict Court, E.D. Virginia
DecidedNovember 18, 1964
DocketCiv. A. 2888
StatusPublished
Cited by1 cases

This text of 235 F. Supp. 821 (Hall v. Ferry) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Ferry, 235 F. Supp. 821, 1964 U.S. Dist. LEXIS 6848 (E.D. Va. 1964).

Opinion

LEWIS, District Judge.

This is an action for malpractice. The plaintiff claims her present condition is the direct or a contributing result of the failure of the defendant doctors and hospital to exercise a reasonable amount of ordinary care, skill and diligence in the diagnosis, care and treatment rendered during her stay in the National Orthopaedic and Rehabilitation Hospital.

The evidence discloses the plaintiff first went to see Dr. Werner Prinz, a general practitioner, July 29, 1961. She then complained about soreness and pain which was localized in her left hip and thigh, also in her lower back. The pain radiated down to her knee. She returned to the doctor’s office the following Monday. Her condition remained the same. Neurological findings were normal. Severe pain localized in the hip and pain in the thigh. The pain complained of occurred rather suddenly (about July 25th or 26th). It was a continuous pain. Her condition was then very cloudy. Dr. Prinz did not know what it was. He referred her to the Anderson Clinic. She went there August 1, 1961, and was initially seen by Dr. Allen Ferry. She complained of pain in her left hip. The history then taken by Dr. Ferry disclosed no injury that might have brought on plaintiff’s present condition. Her trouble started in the left hip and radiated into the left thigh, down into the shin and ankle — sometimes the inner side of the thigh and sometimes the outer side — and the distribution down the leg was rather irregular. She had no weakness, numbness or tingling in the extremity. She had no significant amount of backache although she states in the past she has had occasional backaches. No previous attacks of this sort. Examination revealed lumbosacral tenderness. Straight leg raising was negative. Motions of the hip did not appear to be very painful. X-rays revealed increased lumbosacral angle, but no pathological changes in the bones or joints of the lower back, pelvis or hip were noted.

Dr. Ferry diagnosed the plaintiff’s then conditioned as disc syndrome with left sciatica and recommended that she be admitted to the hospital for traction, bed rest, physiotherapy, and so forth. The doctor noted on his report dated August 2, 1961, “The picture is a rather bizarre one and continued observation for possible other diagnosis must be ruled out."

The plaintiff was admitted to the National Orthopaedic and Rehabilitation Hospital under the care of Dr. Ferry August 1,1961. Dr. Shafoot Ahmed, the resident physician, on the morning of August 3rd examined the plaintiff and took a more detailed history of the case. Her then chief complaint was pain in the left side low back going in left lower limb. She developed low backache for the first time about a week ago. Gradually it started getting worse. The onset was not related to any injury definitely. Three days after onset it was severe enough to compel her to seek doctor’s help. She was under treatment of family doctor for four days. Little relief. Actually the symptoms got worse. Yesterday X-rays were taken. Her family doctor referred her to Dr. Ferry. No numbness or tingling. No foot drop. A year ago she once slipped, sprained her ankle and slightly twisted her back which was slightly sore for awhile. Among other things she had had were measles, mumps, whooping cough, chickenpox, appendectomy and total hysterectomy, removal of female organs.

Dr. Ahmed’s physical findings were generally normal. Neurological examination was essentially negative. Tenderness was found in LT lower back. Most marked in L — S region and sciatica notch region. Patient complained of having shooting pain in left thigh. Sensations *823 are normal. Planter area flexor both sides. DTR exaggerated (specially knee joint left side). Impression, disc syndrome L5-S1 region Pon LT sciatica.

The hospital records (nurses’ notes) 1 disclose the plaintiff complained of severe low back pain, shooting and pounding pain in both legs, left knee and ankle; tenderness in right and left thigh; large red area on left buttock and on left thigh. The doctors’ orders 2 disclose treatment and medication prescribed. 3 The progress notes 4 record the improvements in the plaintiff’s condition during her stay in the National Orthopaedic Hospital.

Dr. Ferry was not completely satisfied with his initial diagnosis of disc syndrome. He consulted a neurosurgeon because of the continued pain going all the way down the extremity to the ankle. The consultant, Dr. Bucur, examined the plaintiff and reviewed the X-rays on August 12th. He concluded the plaintiff might have a thrombophlebitis though without typical pain distribution or findings, polyneuritis or gouty arthritis. He found no nerve root compression.

Dr. Masterson first saw the plaintiff on August 14th. She then had complaints of pain in the leg but only when it was moved. A small tender area was noted in the interior portion of the right thigh. Palpation of the low back showed definite spasm to be present. Tenderness was present along the sciatic root on the left. No tenderness was noted in the calf of the leg and dorsiflexion of the foot showed no evidence of so-called positive Homan’s sign for phlebitis. Dr. Masterson thought that the admitting diagnosis of probable sciatica was correct but that the possibility of a true gouty arthritis and a low steroid osteoporosis, on the basis of the uric acid studies and the removal of all female organs, should be entertained. The patient was then started on Dr. Masterson’s gout routine. Her temperature remained essentially level.

On August 18th a large reddened area was noted on the left buttock which was felt to be due to an irritation from injections she received. On the following day another reddened area appeared on the right buttock and pain on examination on that date showed it was mostly in front of the leg radiating down on the left side to the toes.

Over the 21st, 22nd and 23rd of August the plaintiff was gradually ambulated. She was able to do back exercises designed to increase her abdominal muscle tone. She was able to walk on crutches on the 23rd with light weight being placed on the left leg. No special complaints were noted on either August 28th or 29th and she was allowed to go home on the 29th, ambulatory, taking light weight on the affected left leg, with .the probable final diagnosis in Dr. Masterson’s opinion of probable disc lesion with left sciatic complicated by chronic otitis media.

The plaintiff was readmitted to the National Orthopaedic and Rehabilitation Hospital on September 2, 1961, at 2:50 a. m., with a fractured left femur, upper shaft. She was X-rayed and the left femur and hip placed in a Thomas splint. She was then transferred, at her request, by ambulance to the George Washington University Hospital. No further history or physical examination was made at the National Orthopaedic and Rehabilitation Hospital.

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235 F. Supp. 821, 1964 U.S. Dist. LEXIS 6848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-ferry-vaed-1964.