In 2022, Mr. Cox and co-counsel went to trial against a primary care physician and his medical group, arguing that they had failed to diagnose and timely treat a cellulitis infection that developed into a hematoma, ultimately leading to an above the knee amputation.
Despite worsening symptoms and visible blistering and weeping of fluid from the leg over the course of almost two weeks, the doctor and his nurse instructed their patient to simply elevate and wrap the leg. By the time the patient’s family intervened and took him to a local emergency room, his leg was unsalvageable and had to be amputated.
After the doctor took the stand to testify in his defense, he was asked whether his patient could have died from the infection, which had become severely septic by the time he arrived at the emergency room. His response, which received audible gasps from the jury, was that sometimes it is better for patients to die.
Following the doctor’s testimony on the fourth day of trial, the case was settled for the maximum amount allowed under Missouri state law, which sets caps on non-economic damages in medical malpractice cases.