The Fourth District Court of Appeal has affirmed a jury’s verdict in favor of Russell Caughey, a 52-year-old handyman who lost his right leg above the knee due to medical negligence. This ruling clears the way for Mr. Caughey to collect his judgment from the Defendants’ insurance company — an amount that, with interest and costs, will total nearly $4 million.
Mr. Caughey was represented by Michael V. Baxter, a Partner of Lesser, Landy, Smith & Siegel, PLLC.
Case Background
In November 2018, Mr. Caughey twisted and scraped his ankle while carrying an air conditioner. As his right leg swelled, turned red, and became increasingly painful, he presented to Martin Memorial Medical Center’s emergency department. Despite obvious signs of infection, the attending ER physician, Dr. Wood, diagnosed a simple ankle sprain without ordering laboratory testing, conducting a thorough physical examination or considering infection in his differential diagnosis.
Mr. Caughey was sent home with crutches and instructions to rest. Four days later, he returned in critical condition and was diagnosed with necrotizing fasciitis. The delay in diagnosis and treatment left doctors with no choice but to amputate his right leg above the knee.
Despite extraordinary resilience — even building his own makeshift prosthesis when he could not afford one — Mr. Caughey continues to face daily physical and emotional challenges from his preventable injury.
Trial and Appeal
After a two-week trial, a jury determined on Feb. 27, 2024 that Dr. Wood was negligent, and that his negligence caused Mr. Caughey to lose his right leg. The jury awarded $705,525 for medical expenses and $2,500,000 for pain and suffering for a total verdict of $3,205,525.
The Defendants appealed, arguing that cross-examination of their Harvard emergency medicine expert — who had previously testified in cases on behalf of plaintiffs — was unfairly prejudicial. We successfully argued that the impeachment was proper, as it demonstrated the expert’s inconsistent positions depending on which side retained him.
On Sept. 25, 2025, the Fourth District Court of Appeal issued a per curiam affirmance of the jury’s verdict.
Significance
The appellate decision brings closure to a lengthy legal battle and ensures justice for Mr. Caughey, reaffirming accountability in cases of preventable medical error. If you are handling a case involving catastrophic medical malpractice, our firm welcomes the opportunity to collaborate or provide support.
“This decision ensures that Mr. Caughey will finally receive the justice and compensation the jury awarded him,” said Firm Partner Michael V. Baxter, trial counsel for Mr. Caughey. “It also underscores the responsibility of emergency physicians to conduct complete evaluations and rule out life-threatening conditions such as infection when the clinical picture demands it.”
