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Mitchel v. Ensor11/18/2002
Plaintiffs' complaint alleges that Dr. James Ensor, M.D., and his employer, Memphis Internal Medicine, committed medical malpractice when Dr. Ensor negligently presented and administered a 2cc injection of Depo-Testosterone for the treatment of plaintiff's diminished libido and failed to obtain informed consent prior to administering the injection. Depo-Testosterone is a male hormone traditionally "indicated for replacement therapy in the male in conditions associated with symptoms of deficiency or absence of endogenous testosterone." Quoting from the complaint, plaintiff specifically averred the following:
13. The Defendant James K. Ensor, M.D., engaged in a course of conduct that was inconsistent with and deviated from that degree of care and skill, and to failed possess that degree of knowledge, as ordinarily exercised and possessed by physicians engaged in the practice of internal medicine in Memphis, Shelby County, Tennessee and similar communities engaged in the administration of hormone replacement therapy by failing to follow appropriate and accepted procedure for post- menopausal hormone replacement therapy in the following respects:
(a) by undertaking to administer post-menopausal hormone therapy when he was not qualified to do so and by failing to refer the Plaintiff Patsy Mitchell to a physician who was so qualified;
(b) by not requesting or performing any diagnostic tests or screenings prior to the administration of testosterone therapy, including but not limited to a blood test to determine the Plaintiff Patsy Mitchell's serum androgen level;
(c) by engaging in course of treatment which he knew or should have known would be harmful to the Plaintiff Patsy Mitchell;
(d) by ordering an excessive dosage of Depo- Testosterone under the circumstances;
(e) by failing to adhere to the manufacturer's guidelines in administering Depo-Testosterone to the Plaintiff Patsy Mitchell;
(f) by administering Depo-Testosterone to the Plaintiff Patsy Mitchell when the use of Depo- Testosterone has not been approved by the United States Food and Drug Administration under such circumstances;
(g) by failing to counsel the Plaintiff Patsy Mitchell on the risks and benefits of, and alternatives to hormone replacement therapy.
The Defendant James K. Ensor, M.D., failed to exercise that degree of care and skill, and to possess that degree of knowledge, as ordinarily exercised and possessed by physicians engaged in the practice of internal medicine in Memphis, Shelby County, Tennessee and similar communities by failing to reasonably inform the Plaintiff Patsy Mitchell of the serious nature of hormone replacement therapy and of the risks of virility, including hirsutism and clitoromegaly, that could result from the administration of male sex hormones such as Depo- Testosterone to a female patient.
As a direct and proximate result of the Defendants' negligence and/or recklessness in administering Depo-Testosterone to the Plaintiff Patsy Mitchell, the Plaintiff Patsy Mitchell has suffered and will in the future continue to suffer signs of virility, including but not limited to permanent disfigurement, hirsutism, clitoromegaly, and painful intercourse, and psychological injuries, which would not have otherwise have occurred in the absence of Defendants' negligence.
In their answer to this complaint, Dr. Ensor and Memphis Internal Medical admitted treating Mrs. Mitchell's developing asexual disposition with a 2cc intramuscular injection of Depo-Testosterone. Defendants denied any negligent act or omission in the care of Mrs. Mitchell, instead asserting that "they acted accor
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