Kaiser Kept Misdiagnosing a Blood Clot, Man Says
3-4-2014 16:44:00

    MARTINEZ, Calif. (CN) - A man almost lost his leg because Kaiser said his pain was from exhaustion when it was really a dangerous blood clot, he claims in court.
     James A. McCoy sued Kaiser Permanente Walnut Creek Medical Center, Inc.; four doctors: David Sam Gee, M.D., Charles Walter Bouch, M.D., Christopher John Forrest, M.D., and Jamie A. Jackson; and a nurse practitioner, Lynette Anne Wullemain.
     In his 17-page pro per lawsuit, McCoy says he went to Kaiser’s emergency room in February 2013 where “he was treated for ‘chest pain’ and he was sedated for comfort . . . misdiagnosed and released,” four days later, and then readmitted a few days after that “complaining of more severe chest pain as well as severe pain in his right leg. Again, plaintiff was hospitalized for one day and released. Plaintiff was advised to relax and not apply pressure to his right leg. Once again, plaintiff was misdiagnosed,” the complaint states.
     Over the next several months, McCoy says he continued to have pain, tenderness, swelling, warmth and redness in his right leg, which he brought to Kaiser medical staff’s attention repeatedly.
     Then in November 2013 McCoy “became disabled and unable to perform his daily activities and work duties,” and Kaiser staff advised that his leg might need to be amputated, the complaint states.
     McCoy says he saw non-party Bay Area Surgical Specialists at that point, who diagnosed the blood clot and told him that his disability had been caused by the delayed diagnosis. Prompt surgery saved his leg, but it was too late to reverse the damage and he remains disabled, according to his complaint.
     McCoy accuses Kaiser and the other defendants of medical malpractice, willful misconduct, negligence, fraudulent concealment, constructive fraud, breach of fiduciary duty and fraud-false promise. He seeks general, special and punitive damages, "loss the of care comfort and society of plaintiff," attorneys’ fees for himself and costs of suit including expert costs.
MSC14-00287