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Protecting the Rights of the Injured for More than 40 Years

Jury finds for complainant in failure to diagnose case

When someone is injured because of the negligence of a medical professional, he or she has the option to seek compensation. This means going to court to file the claim for compensation. While some claims are settled out of court, others go before a jury. When a jury makes an award determination, the complainant might feel some sense of relief. For one woman, that relief is likely to be short lived, as the defendant is likely to appeal the verdict.

The woman lost her arms and legs in 2011 to amputation after a strep infection was allowed to run rampant in her body because of the doctor's failure to diagnose the serious infection. The jury found in the woman's favor with a finding that the physician's assistant and doctor didn't give her a diagnosis that would have enabled her to find treatment.

The appeal is likely to come into play because the jury awarded compensation exceeds the jurisdictional limits for the jurisdiction in which the woman filed her case. She was awarded $15 million for her pain and suffering and $1.5 million for her husband's loss of companionship. In the jurisdiction in which the woman filed, those claims are limited to $750,000 in damages.

The woman's attorney expects that the state's Supreme Court will eventually decide the case. Until then, she will be left to wonder what will come of her total award of more than $25 million.

The journey from filing a claim for compensation to actually getting the award is a long and complex process. Understanding how to seek compensation in the Kentucky jurisdiction in which you file can help you along the journey.

Source: Kentucky.com, "Medical malpractice award likely to be appealed" Jul. 08, 2014

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