Alleged Failure to Order Bone Density Test (New Jersey)
Facts: The female plaintiff in her late 20s had received overlapping treatment from the three defendants, including an internist, podiatrist and ob/gyn, with the ob/gyn seeing her last. The plaintiff contended that despite the weight of the 5 ft. 5 in. tall plaintiff, which dropped as low as 101 lbs., frequent rigorous exercise, the loss of her period and the suffering of two stress fractures to the feet, the defendants negligently failed to consider that the plaintiff might be suffering from an eating disorder.
The plaintiff further contended that the defendants negligently failed to send her for a bone density study and to institute other measures to correct the bone loss. The plaintiff maintained that after she ultimately suffered an ankle fracture, a non-party orthopedist sent her for a bone density study and that it was determined that the plaintiff suffered severe osteoporosis, which is particularly pronounced in the spine and hip, and that the condition of her bones was similar to that of a woman in her 70s.
The defendants maintained that the care was reasonable. The plaintiff contended that although the condition has stabilized, it will never improve and that she will permanently be very susceptible to compression fractures in the spine.
The defendant podiatrist maintained that he had a right to rely on the physicians and the internist maintained that any fault primarily rest with the ob/gyn.The ob/gyn contended that he acted appropriately, especially since he treated the plaintiff correctly with birth control pills and was able to achieve the return of her menstrual cycle.
Result: The case settled prior to trial for $ 375,000, with the most significant portion paid by the defendant ob/gyn.
Plaintiff Experts: Richard Luciani, M.D., Millburn, NJ, Myron Boxer, D.P.M., Woodmere, NY, Kevin Bell, M.D., Watchung, NJ
Source: Medical Litigation Alert Volume 16, Issue 2
