Facts

In September 2006, defendant podiatrist Benjamin Pham treated plaintiff Kenneth Austin for diabetic ulcerations in his foot. Austin brought an action against Pham based on an alleged failure to make a diagnosis of Charcot foot.

PLAINTIFF'S CONTENTIONS:
Austin contended that Pham rewrote records from each of Austin's visits and that Austin's condition began on Sept. 20 when the initial consultation with Pham occurred. Further, Austin asserted that Pham should have placed the foot in a non-weight bearing status and that the failure to diagnose caused an inferior outcome.

DEFENDANT'S CONTENTIONS:
Pham claimed that he took X-rays, which showed that the foot injury had not begun on Sept. 20. Further, Pham contended that he placed the foot in non-weight bearing status and diagnosed the condition without delay. In addition, Pham claimed that he recommended a podiatric surgeon to Austin, who had greater experience with respect to undertaking surgery of Charcot foot.

Settlement Discussions

Pham offered to waive costs.

Injuries

Austin suffered Charcot foot and endured mid-foot fusion.

Result

The jury returned a verdict in favor of Pham.

Other Information

The Doctors Co. was an insurer.

Length

six days