Why “Wait and See” is Negligence
If your son woke up in severe pain or complained of sudden agony after sports practice, you likely rushed him to the Emergency Room expecting immediate answers. You trusted the doctors to rule out the most dangerous conditions first.
However, far too many parents are sent home with a diagnosis of a “groin strain,” “epididymitis,” or a vague viral infection, only to return hours or days later to find that their son has lost a testicle permanently.
In the medical world, testicular torsion is a surgical emergency. There is no such thing as a “wait and see” approach when a child presents with acute scrotal pain. If a doctor delayed testing or dismissed your son’s pain without ruling out torsion, and he suffered permanent injury as a result, that is not just bad luck—it may be medical malpractice.
What is Testicular Torsion?
Testicular torsion occurs when the spermatic cord—which provides blood flow to the testicle—twists. This cuts off the blood supply, causing sudden, excruciating pain and swelling. It is most common in adolescent males between ages 12 and 18, though it can happen at any age.
Many cases are caused by a congenital trait called the “bell clapper deformity,” where the testicle is not properly anchored to the scrotum, allowing it to swing and twist freely.
The “Golden Window”: Why Time is Tissue
The standard of care for testicular torsion is driven by a simple, biological clock. Once the blood supply is cut off, the testicle begins to die.
- 0–6 Hours: If surgery is performed within this window, there is a 90-100% chance of saving the testicle.
- 6–12 Hours: The salvage rate drops significantly.
- 12-24 Hours: The likelihood of saving the testicle is usually below 50%.
- 24+ Hours: The testicle is almost always necrotic (dead) and must be removed (orchiectomy).
Because this timeline is so unforgiving, the medical standard of care dictates that torsion must be the #1 suspect in any male patient with sudden scrotal or abdominal pain until proven otherwise.
How Medical Malpractice Occurs
Malpractice in these cases rarely involves a surgical error; it almost always involves negligent triage and diagnosis.
The “Epididymitis” Trap
A common error is misdiagnosing torsion as epididymitis (an infection) or a urinary tract infection (UTI). While symptoms can overlap, epididymitis is rare in prepubertal boys who are not sexually active. If a doctor diagnosed your teenage son with an infection without a positive urine culture or ultrasound evidence—and sent him home with antibiotics while his testicle was dying—this is a classic deviation from the standard of care.
Dismissing “Abdominal Pain”
Torsion pain often radiates to the stomach. A teenager may be too embarrassed to mention his testicles and simply complain of a stomach ache and vomiting. A competent ER physician knows that every male with lower abdominal pain requires a genital exam. Failing to physically examine the patient is negligent.
Failure to Order a STAT Ultrasound
The definitive way to diagnose torsion is a Scrotal Doppler Ultrasound, which shows blood flow.
- Negligence Scenario: The doctor orders the test as “routine” rather than “STAT” (emergency), leading to a delay of hours.
- Negligence Scenario: The hospital does not have an ultrasound technician available at night and decides to “wait until morning” rather than transferring the patient to a facility that can help immediately.
The “Wait and See” Approach
Perhaps the most dangerous error is discharging a patient because the pain “got a little better.” Torsion can be intermittent—the cord twists and untwists. If a doctor sends a patient home without ruling out torsion definitively, they are gambling with your son’s future.
What Proper Care Should Look Like
When you walk into an ER with a child suffering from scrotal pain, the standard of care requires a rapid, specific workflow:
- Immediate Physical Exam: Checking for a “high-riding” testicle or an absent cremasteric reflex.
- STAT Doppler Ultrasound: This should be ordered immediately to confirm blood flow.
- Urology Consult: If an ultrasound isn’t available or results are equivocal, a urologist should be called immediately.
- Surgical Exploration: If torsion is highly suspected, a surgeon may need to operate before imaging to save the organ.
Proper care prevents the loss of the testicle. If the protocol is followed, the testicle is untwisted, blood flow is restored, and the testicle is stitched in place (orchiopexy) so it can never twist again.
Why You Need a Medical Malpractice Lawyer
The loss of a testicle is a catastrophic injury for a young man. It can lead to:
- Infertility issues: Damage to one testicle can sometimes affect the function of the remaining one due to antibody production.
- Hormonal imbalances: Reduced testosterone production.
- Psychological trauma: Body image issues, anxiety, and depression.
- Need for future surgeries: Including the implantation of prosthetic testicles.
Hospitals and insurance companies often argue that the testicle was “already lost” by the time you arrived, or that the symptoms were “atypical.” You need a legal team that understands the medicine better than they do.
At Lupetin & Unatin, we specialize in medical malpractice cases involving diagnostic errors. We work with top urological experts to build a timeline proving that if the doctor had acted according to the standard of care, the outcome would have been different.
Do Not Accept “It Was Just Bad Luck”
If your son lost a testicle because an ER doctor, pediatrician, or urgent care clinic failed to act quickly, you may have a case for compensation. This compensation can cover medical bills, pain and suffering, and the future medical needs of your child.
Contact Lupetin & Unatin today for a free consultation. We will review your son’s medical records, listen to your story, and give you an honest assessment of your legal options. There is no fee unless we recover money for you.
Call us or visit our Pittsburgh office. Let us fight to make sure this doesn’t happen to another family.