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all. Here’s a sample of typical recent consultation discussions…- Former employee stole patient list. Now a competitor…
- Patient suing doctor in small claims court…
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- Patient filed police complaint doctor inappropriately touched her…
- DEA showed up to my office…
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Dr. Mario Adajar is an internal medicine specialist practicing in West Wyoming, Pennsylvania. He is (now) an amputee and the plaintiff in our story. His adversary is Dr. Michael Baloga Jr., a podiatrist practicing in the same area.
Dr. Adajar (the internist) sued Dr. Baloga (podiatrist) for the “needless amputation” of his right leg. It isn’t often we discuss a doctor suing another doctor for medical malpractice, but doctors are patients, too. When they experience a negative outcome, they sometimes sue.
Here are the facts as we understand them…
Dr. Adajar allegedly suffered from an ulcer located on his right foot. Dr. Adajar has Type II diabetes, which presented obvious challenges. He was also recovering from kidney transplant surgery. He claims he discussed these conditions in detail with Baloga during their initial consultation. Treatment began in December 2020.
Allegations state Dr. Baloga treated his patient for several months, debriding his ulcer on multiple occasions. According to the case records, the debriding was “necessary to prevent limb loss due to underlying medical co-morbidities.” This obviously references the patient’s diabetes and recent kidney transplant.
The lawsuit alleges Dr. Baloga debrided the wound a total of ten times – once during their initial consultation, and nine more times over the course of treatment.
By June 2021, Dr. Adajar’s pain worsened, and he struggled to walk. Dr. Baloga allegedly applied a total contact cast to the injured foot. Adajar headed to the ER the following day with a fever of 102 degrees and excruciating pain in his right foot.
“At the emergency department, the internist’s condition reportedly began to decline as he went into septic shock, followed by atrial fibrillation and acute hypoxic respiratory failure that required intubation. Adajar was then diagnosed with gram-negative bacilli bacteremia. According to legal documents, the ulcer in his right foot had also developed a severe infection and gas gangrene.”
Dr. Adajar never recovered feeling in his injured limb. Doctors amputated the bottom half of his right leg to save his life. The lawsuit claims the aggressive debriding, followed by the contact cast, enabled infection:
“…had proper, medical intervention taken place, Dr. Adajar would not have required such intense intervention and would not have had his leg amputated… [the team] knew or should have known that a total contact leg cast was inappropriate and dangerous given Dr. Adajar’s prior medical condition.”
At the time of this article’s publication, the case has not been resolved, and media outlets cannot reach Dr. Baloga for comment. Dr. Adajar is seeking $50,000 plus in damages as well as the costs related to arbitration.
Some points to consider…
Dr. Mario Adajar’s multiple medical conditions made the prospect of treating his injured foot risky. His diabetes and recent organ transplant elevated the likelihood of severe infection. In short, his pre-existing conditions made him vulnerable.
On the other hand, doctors train to treat challenging patients, and podiatrists often treat patients with compromised immune systems – elderly, diabetic patients come to mind. It is unlikely Dr. Adajar was the first diabetic patient Dr. Baloga treated.
The loss of a leg is a horrific outcome. But no doctor wakes up determined to cause harm. Whether or not this outcome was preventable is to be determined.
Perhaps the podiatrists in the house can enlighten us. Let us know your thoughts in the comments below.
Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.“Can Medical Justice solve my problem?” Click here to review recent consultations…
all. Here’s a sample of typical recent consultation discussions…- Former employee stole patient list. Now a competitor…
- Patient suing doctor in small claims court…
- Just received board complaint…
- Allegations of sexual harassment by employee…
- Patient filed police complaint doctor inappropriately touched her…
- DEA showed up to my office…
- Patient “extorting” me. “Pay me or I’ll slam you online.”
- My carrier wants me to settle. My case is fully defensible…
- My patient is demanding an unwarranted refund…
- How do I safely terminate doctor-patient relationship?
- How to avoid reporting to Data Bank…
- I want my day in court. But don’t want to risk my nest egg…
- Hospital wants to fire me…
- Sham peer review inappropriately limiting privileges…
- Can I safely use stem cells in my practice?
- Patient’s results are not what was expected…
- Just received request for medical records from an attorney…
- Just received notice of intent to sue…
- Just received summons for meritless case…
- Safely responding to negative online reviews…
Dr. Adajar, internist is most likely incorrect in his assessment that Dr. Baloga was negligent. Dr Adajar most likely has renal transplant 2ndary to advanced diabetic renal disease. Multiple debridements for diabetic foot ulcers are very common. Total contact casting for plantar diabetic ulcers is standard of care. Dr . Baloga did not give Dr adajar his diabetes, his renal disease, his transplant, his immunosuppression, or his post debridement sepsis. He was the surgeon helping the internist with his problem foot, and saved his life. Dr Adajar is the internist who should have been more vigilant of his overall & multiple comorbidities. They together Are the team, and Dr Adajar didn’t do his part. I am a Hospital t based wound care plastic surgeon. Well familiar with this “ nature of disease” etiology. Perhaps HBOT should have been utilized. I am interested in working as a consultant with Dr Segal & Medical Justice.
Agreed. Diabetic foot care requires frequent debridement to prevent gangrene. The podiatrist did the best he could to cure the infection, but the internist’s severe immunosuppression was no match for Clostridium. 2 cents
i’m not a podiatrist, i am a general and plastic surgeon and diabetic disease involving the vessels of the lower limb plus neuropathy plus immunosuppression are a recipe for disaster. Dr. Adajar is probably wrong and trying to blame another doctor rather than the deadly disease afflicting him. Aggressive debridement is the standard of care here. Now if you tell us that the podiatrist closed the wound in the presence of active infection, he might have a case but most of the errors i have seen involving cases like this are from under-deriding rather than over.
More likely than not, the defendant is not liable for reasons stated above. The plaintiff’s amputation was probably a matter of time.
Some observations:
1) wound debridements are typically performed weekly, and the defendant only performed 10 debridements over the course of 6 months
2) patients with CKD typically have comorbid peripheral arterial disease and no mention is made about attempts at vascular intervention. Usually it’s more of a diffuse calcinosis than focal obstruction in the setting of CKD but it merits inquiry.
3) total contact casts are considered the gold standard in offloading, why wait 6 months before trying this modality?
What about the experimental use of dermoscopy in wound care? What about the experimental use of targeted antibiotic powder therapy after a bone or soft tissue culture and histopathological diagnosis? What about the experimental use of gentian violet solution?
What about shoe excavations to offload the foot so that one can examine the foot much more frequently? What about experimental posterior tibial nerve blocks? What about a vascular consultation with an endovascular specialist? Any comments regarding the website below and regarding http://journalofdermoscopy.com and the use of dermoscopy regarding podiatric wound care?
The internist is the patient. Though he has an MD it is NOT his job to diagnose and treat himself. When one is “in trouble” they can’t be expected to be objective, especially on oneself. A non-involved internist should have been consulted to follow and advise on the co-morbidities.
More information is needed on the vascular status, the Hgb1Ac, white count with diff, etc. to know if debridement and casting would be optimal without other interventions/referrals. Did the pod even take the patients temperature. I feel all diabetics with ulcerations should have that done at each visit.
Mere mechanical debridement without concomitantly being cognizant of what’s going on “inside” is not quality complete care, in my opinion. While this may be usual and customary, mechanical care, I’d like to see the pods notes on him following leukocytosis, shifts to the left, bands, sed rate, as well glucose, C&S’s, gram stains etc.. While an independent internist would (should) be monitoring this it does not preclude the podiatrist from taking these factors into consideration. Again, not seeing his notes or whether he ordered or asked for lab results, there’s insufficient information on his care to indict his treatment. I’m just saying it’s not enough, in my opinion, to say, “that’s not up to me”, it’s the other guys job. When there’s overlap I feel both have a responsibility. The ‘ol intersection of the Venn diagram.