Avera & Smith Secures $655k Medical Malpractice Settlement for their Injured Client after a Radiology Misdiagnosis.
On August 16, 2022, a single misstep set off a chain of events that would permanently alter the lives of a devoted husband and wife living along Florida’s Gulf Coast.
An 84-year-old wife with mild dementia but no significant physical health issues was transported by ambulance to a Panama City emergency room after sustaining a fall. X-ray imaging was ordered and interpreted as showing no fracture, and she was sent home without further evaluation.
A Critical Error — and a Preventable Second Fall
As her husband tried to help her into their truck, it became clear something was seriously wrong. She could not bear weight on her leg. He returned to the emergency department to report his concern, only to be told again that there was no fracture. An orderly was sent to assist her into the vehicle. When her husband asked what to do once they got home, he was told to call the fire department for assistance. That advice would have devastating consequences.
Once home, firefighters helped get her inside and seated her in a rolling office chair so she could move around the house. Later, when she attempted to stand to get into bed, the undiagnosed non-displaced hip fracture collapsed, causing her to fall hard to the floor.
She was rushed back to the emergency room by ambulance. This time, doctors diagnosed a displaced hip fracture. A re-read of the original X-rays confirmed what should have been caught hours earlier: the fracture was visible on the first visit and had been misread.
How a Missed Diagnosis Escalated the Injury
According to orthopedic experts, if the fracture had been properly identified during the initial ER visit, treatment options would have been significantly less invasive. Those options included strict bed rest or a minor outpatient procedure involving two screws.
Once the fracture displaced, those options disappeared. The only remaining treatment was hemiarthroplasty — a major surgical procedure involving hip replacement. For elderly patients with dementia, this type of surgery carries serious risks.
In this case, the surgery, anesthesia, ICU stay, and prolonged rehabilitation accelerated her cognitive and physical decline. She never returned to her prior level of health.
The Human Cost Behind the Case
The heart of the case became the story of loss — not only for the patient, but for her husband. Before the injury, the couple enjoyed a vibrant retirement in Panama City. They spent their days fishing and crabbing, hosting dinners with friends, and tending to her beloved gardens. Her husband documented their life with photos that showed exactly what had been taken from them.
After the injury and surgery, everything changed. Her decline required extensive rehabilitation and in-home care. Eventually, the couple was forced to sell their home and relocate to Kissimmee to be closer to family who could help with daily care.
In Avera & Smith’s argument for substantial non-economic damages in this case, our injured client’s husband became the primary focus. A devoted and credible witness, he worked tirelessly to bring his wife home from rehab and preserve her dignity for as long as possible.
Overcoming Tough Damages in a MedMal Case
The defense argued that surgery would have been required regardless of when the fracture was diagnosed and that the patient’s dementia would have progressed inevitably.
Led by Avera & Smith attorney Jennifer Lester, the legal team countered with a powerful, human-centered argument: while decline may have been inevitable, the negligence accelerated it — stealing the last meaningful years the couple would have had together. That distinction made all the difference.
The Result: A $655,000 Settlement
Despite an initial pre-suit offer of just $250,000, Avera & Smith pursued accountability against all responsible parties. Rather than narrowing the case to a single error, the firm developed a strategy to hold multiple defendants accountable for the breakdowns in care that followed the patient from diagnosis through discharge. That approach ensured the full scope of responsibility — and harm — was addressed.
This multi-defendant strategy ultimately benefited the client, and the case resolved for a total settlement of $655,000, well more than double the original offer.
For this couple, the resolution was never just about the numbers. It was about acknowledgment — recognition that a preventable medical mistake took away precious time, independence, and the simple joys they had spent a lifetime building together.
When Medical Negligence Changes Lives, Accountability Matters
Cases like this illustrate how a single missed diagnosis can trigger irreversible harm — especially for elderly patients and their families. Medical professionals are entrusted with providing careful, competent care, and when that standard is breached, the consequences can be devastating.
If you or a loved one has suffered due to a medical error, misdiagnosis, delayed diagnosis, or negligent care, you do not have to face the aftermath alone. Avera & Smith has over 70+ years of experience holding healthcare providers accountable and advocating for patients whose lives have been altered by preventable medical mistakes. Their team understands both the medical complexity and the human impact behind these cases — and they are committed to pursuing justice, dignity, and meaningful recovery for injured clients and their families.
To learn more about your legal options after medical malpractice, contact Avera & Smith by calling 800-654-4659 for a free confidential consultation.