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Failure to diagnose or treat condition may be grounds for suit

A woman in a different state was recently awarded almost $25 million in a medical malpractice case. The woman had filed a lawsuit after losing a leg as a result of a clot that was not treated properly. If a patient in West Virginia ends up being harmed as a result of a failure to diagnose, which results in his or her condition not being treated properly, the patient has the right to try to hold the at-fault medical provider accountable.

The woman who recently won her lawsuit had experienced an asthma attack back in 2009 and went to a hospital for treatment. While she was there, physicians reportedly discovered a clot and consulted a vascular surgeon since the woman was feeling numbness in one leg. Instead of being admitted to the medical facility, she was sent home.

The woman's condition ended up worsening, and she eventually had to have her leg amputated. The jury award includes economic damages totaling more than $4 million as well as pain and suffering totaling more than $21 million. The hospital that discovered the clot but that did not admit the woman was found to be partially responsible and ended up settling privately.

If the failure to diagnose or treat a patient in West Virginia causes a patient to suffer serious injuries, he or she may opt to file a medical malpractice claim against the medical facility or medical staff, pursuing damages. Liability must be established through competent proof accepted by the civil court hearing the case before claims for monetary damages will be determined. Monetary damages achieved from this type of suit may help to cover health care costs and other losses stemming from the documented medical malpractice incident.

Source: Shelton, CT, Patch, "$25 Million Judgement for Ansonia Woman in Medical Malpractice Case: Report", Alfred Branch, Oct. 20, 2016

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