$1,475,000 for failure to diagnose

LuckyLisfranc · Mar 2, 2010

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http://www.lawyersandsettlements.com/settlements/14351/diabetic-malpractice-amputation.html

$1,475,000 Settlement for Failure to Diagnose
Harris County, TX: A diabetic man who has lost the ability to walk and may have to undergo amputation below the knee has recovered $1,475,000 in a lawsuit he brought against the doctor who failed to diagnose the condition responsible - Charcot Foot.

David Luna alleges that in 2006 he had continued swelling of his leg and foot and alerted his doctor at a Diabetic Centers of America facility to the fact. Luna claims that his physician told him that the swelling was a by-product of his diabetes and that he would have to live with it. However, Luna later sought the opinion of a podiatrist who diagnosed him with Charcot foot, and the podiatrist contended Luna must have been suffering from the condition while he was seeing is original doctor.

Luna claims that the failure to diagnose Charcot foot led to ulcers and infections, and as a consequence he can no longer walk and may even have to have his leg amputated below the knee.

Luna's original doctor argued that he performed all adequate testing and that Luna never complained about his foot after his first visit. The jury awarded Luna and his wife $2.27 million in damages, but it was reduced to due comparative negligence.
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