There are innumerable ways in which an individual seeking medical assistance could end up filing a medical malpractice lawsuit. For one woman, who was formerly a college student at Ohio University, the catalyst for her lawsuit was a failure to diagnose. She has actually filed two lawsuits as a result of the misdiagnosis.
In the first lawsuit, filed in the Ohio Court of Claims, she claimed a misdiagnosis by health care providers at OU's Hudson Health Center, lead to the amputation of an arm, shoulder and shoulder blade. Reportedly individuals there failed to recognize that the arm pain she was complaining of was actually due to flesh-eating bacteria called necrotizing fasciitis. The amputation was done at Ohio State University Medical Center, after she sought a second opinion at O'Bleness Memorial Hospital. This case is slated to begin early next month.
The second case was filed in Franklin County Common Pleas Court. Its purpose is to have the first case heard in a court other than the Ohio Court of Claims where non-economic damages would be limited to $250,000 per party. The judge assigned to that case dismissed that action, determining that the Court of Claims is in fact the proper court for the case to be heard. The injured woman has filed an appeal with the 10th District Court of Appeals.
With the commencement date of the first lawsuit in an undesirable court rapidly approaching, the woman, who lost her arm and shoulder, is seeking to have that trial date postponed while the appeal of the second case takes its course. It is not clear what the result of the request will be.
What do you think about this case? Do you agree with the woman that damages for the loss of shoulder and limb should not be limited?
Source: The Athens Messenger, "Former OU student seeks delay in medical malpractice trial," Steve Robb, Oct. 11, 2012