Misdiagnoses can be serious enough to cause death or severe impairment to individuals. This is what happened to one former student of Ohio University in 2007. She visited OU’s Hudson Health Center in 2007 and they failed to diagnose a flesh-eating bacteria disease. The result of the misdiagnosis caused her to need a total amputation of her right arm, shoulder and shoulder blade.
Losing an arm can change one’s entire life including one’s career, activities, and sometimes state of mind. The woman took action against OU by filing a medical malpractice lawsuit. The university agreed to a settlement of $250,000.
The settlement was capped at $250,000 due to an Ohio law that caps noneconomic damages against universities. The woman challenged the constitutionality of this law. She had filed another lawsuit in the Common Pleas Court in Franklin County, which was dismissed. In the 10th District Court of Appeals, she filed an appeal as well as a case against the Ohio Court of Claims.
The $250,000 settlement is for all three cases filed. The funds will be paid mostly by insurance, according to an OU spokesperson. The agreement also states that the university is not admitting any liability in the malpractice claim. The payment will go to the woman and her attorneys.
We trust our medical providers to recognize signs of infection and to do the proper tests to diagnose our conditions. Often, time is of the essence when it comes to health issues. If you, or a loved one, have been misdiagnosed and it has caused irreparable damage or death, you should contact an attorney as soon as possible. He or she may be able to help you file the proper claims to hold the medical staff accountable for their failure to diagnose, resulting in damage to you or your loved one’s health and livelihood.
athensohiotoday.com, “Medical malpractice lawsuit against OU settled” Steve Robb, Aug. 07, 2013