Missed Diagnosis Case Summary

The following case summary is a diagnostic negligence case we have personally handled and litigated, and is provided for illustrative and informational purposes only. It is not meant to offer legal advice take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Allison W.

Allison W. of Versailles, Kentucky, then age 48, and the city clerk for her hometown of Winchester, awoke on May 15, 2005, with abdominal pain. She called her family doctor, but he could not be seen until two days later. The doctor performed an ultrasound and promptly ruled out gallstones. He then scheduled a CT scan of her pelvis for the next day. Allison returned for her CT scan, and she was injected with the contrast for the test. At this juncture she ran into an issue. Her HMO, Bluegrass Family Health, would not agree to pay for the scan. Her doctor did nothing. Allison returned to see her doctor only a few days later, and her pain was far worse and constant. Without performing any additional testing, her doctor presumed her pain was caused by a strained muscle. When Allison’s pain did not subside, she began to appeal her HMOs decision denying her scan. Finally, nearly a month after the onset of her pain, Allison had a CT scan that revealed she had appendicitis; however, because of the lapse of time her appendix was mostly gone, it having been destroyed by the resulting infection. Allison was rushed to emergency surgery where part of her colon and bowel were removed. She remained in the hospital for eight days and endured a lengthy recovery. The insurance company for the doctor offered nothing and accepted no responsibility. Allison’s case went to trial in the Woodford County Circuit Court. In damages, Allison took medicals of $109,259 plus $400,000 for future care. Her pain and suffering was valued at $750,000. The jury also elected to award $100,000 more in punitive damages against the doctor. The verdict totaled $1.36 million, not including judgment interest of 12 percent, and it was upheld on appeal.