Our client was undergoing physical therapy at an orthopedic facility in Miami-Dade County when a physical therapist applied a heating pad to her right pinky finger and left her unattended. Our client had been diagnosed with peripheral neuropathy -- a condition causing numbness and loss of sensation -- meaning she could not feel the heat building on her skin. By the time the damage was discovered, the burns were so severe that her finger required amputation. Mausner Group pursued the orthopedic facility and its insurer. The case settled for $675,000.
Florida medical malpractice law requires healthcare providers, including physical therapists, to meet the standard of care applicable to their profession. Applying a heat modality to a patient with documented peripheral neuropathy and leaving that patient unattended is a clear departure from that standard. The patient's inability to perceive pain made continuous monitoring not just advisable but essential. The failure to provide it was indefensible. Mausner Group built the case around the client's documented neuropathy diagnosis, the facility's own treatment records, and the causal connection between the therapist's negligence and the permanent loss of our client's finger.
