. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.


$________ CONFIDENTIAL – Medical Malpractice – Emergency department negligence – Failure to diagnose testicular torsion in teen plaintiff – Removal of right testicle in 16-year-old.

Withheld County, MA

In this medical malpractice matter, the plaintiff alleged that the defendant physician was negligent in failing to timely and properly diagnose testicular torsion which resulted in the removal of the plaintiff’s testicle. The defendant denied any deviation from acceptable standards of care.

On November 10, ________, the 16-year-old minor plaintiff awoke in the middle of the night with severe pain in his right testicle. By 7:30 a.m., the plaintiff was unable to ambulate due to the severity of the pain, and he was taken by his parent to the emergency room. The child, and his father, arrived at 8:48 a.m. The plaintiff came under the care of the defendant emergency room physician. The plaintiff had blood in his urine and the defendant diagnosed the minor with epididymitis and discharged him home with antibiotics. The defendant did not rule out testicular torsion, despite the plaintiff’s age, and did not order any ultrasound to examine the testicle. The plaintiff did not improve over the following three days that he was on the antibiotics, and his parent brought him to his treating pediatrician who directed him to go to another hospital for emergency surgery, realizing that the child was most likely suffering from testicular torsion. An ultrasound demonstrated no flow to the right testicle, and he was immediately brought to the operating room. The right testicle was removed and an implant was inserted. It was determined that the there was an obvious torsion of the cord. The plaintiff brought suit against the defendant physician alleging negligence in failing to diagnose the testicular torsion in a timely manner. The plaintiff contended that if the defendant had properly diagnosed the plaintiff’s condition, it would have prevented the need to remove the testicle.

The defendant denied the allegations, and maintained that there was no deviation from acceptable standards of care. The defendant contended that the diagnosis of infection was proper, and there was no reason to suspect torsion.The parties resolved the plaintiff’s claim for the sum of $________ in a confidential settlement.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.