Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Failure to diagnose an infection leads to lawsuit

Strep infections are serious infections that require immediate treatment because of how quickly they can spread. If these infections aren’t properly diagnosed in a timely manner and treated accordingly, the infection can get so bad that it can negatively affect a person’s body. Kentucky residents might be interested to read about a case of staph that went undiagnosed for so long that a woman had to have her limbs amputated.

This woman’s nightmare started in 2011 when the infection went undetected. Because of the failure to diagnose, the woman ended up having to get her arms and legs amputated.

The woman and her husband opted to seek compensation through that state’s medical malpractice system. The case went before a jury. The jury found that the physician’s assistant and doctor were guilty of medical malpractice. It said that they failed to give the woman a diagnosis that would have led her to seek treatment.

The jury awarded the woman $25 million, but her case is far from over. Under that state’s laws, a cap of $750,000 is in place for pain and suffering and loss of companionship. Her award included $1.5 million for loss of companionship for her husband and $15 million for pain and suffering. The defense is expected to appeal. Her attorney expects the state supreme court might have to decide the case.

No patient has to deal with medical malpractice without taking a stand. Seeking compensation is the right of anyone who has been a victim of doctor’s negligence. Knowing the cap limits, current laws and legal procedures can help to make going through the process a little easier.

Source: Source:, “Medical Malpractice award likely to be appealed,” The Associated Press, July 8, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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