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Ohio University settles medical malpractice lawsuit

A medical malpractice lawsuit filed in Kentucky’s neighboring state of Ohio against Ohio University has been settled for $250,000. The lawsuit was filed by a student who claimed she was misdiagnosed in 2007 by the university’s Hudson Health Center and that led to the amputation of her right arm, shoulder and shoulder blade. She had contracted a flesh-eating bacteria.

A spokeswoman for the university said that most of the settlement will be paid for by insurance, but did not say which company. The Ohio Court of Claims approved the settlement on August 2.

The $250,000 is the highest amount allowed for non-economic damages in Ohio for cases against universities in the state’s Court of Claims. The plaintiff tried to challenge that cap on the merits of its constitutionality, but was unsuccessful.

The plaintiff also had a case pending against the university in the 10th District Court of Appeals. This settlement will also take care of that case. The university is not admitting to any liability in the cases.

According to media reports, the plaintiff went to the Hudson Health Center on three different occasions complaining of arm pain. After the failure to diagnose from the university’s hospital, she went to O’Bleness Memorial Hospital Emergency Room and was diagnosed with necrotizing fasciitis or flesh-eating bacteria. She was transferred by helicopter to Ohio State University Medical Center, where the amputation was performed.

If you or a loved one have suffered due to hospital negligence, contact an experienced Kentucky personal injury attorney. You may be able to file a civil case against the hospital and those responsible for such claims as pain and suffering, medical expenses, emotional distress and other damages. Your attorney can advise you as to your options in such a case and work diligently to get you the financial compensation you need and deserve.

Source: athensohiotoday.com, “Medical malpractice lawsuit against OU settled” Steve Robb, Aug. 07, 2013

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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