Client v. Skilled Nursing Center
On June 21, 2011, Wendt Goss, P.C. successfully resolved a medical malpractice case for $500,000.00. On July 14, 2009, Client presented to Hospital and underwent a complex midfoot-osteotomy and external fixator placement as a result of a fracture. Following surgery, it was determined that the best course of care was to place Client in a skilled nursing facility for care and treatment of her surgical wounds, as well as physical therapy and assistance with her activities of daily living.
On July 17, 2009, Client was transported to Skilled Nursing Center for inpatient treatment and recovery from the surgical procedure. Upon arrival, she was assessed and admitted with orders for wound care on a daily basis. Over the next several days, Client was treated by Nurse, the wound care specialist at Skilled Nursing Center. During those treatments, Client and Nurse discussed Nurse's upcoming vacation. After treating Client for several days, Nurse went on vacation, and Client's wound care took a turn for the worse. With no wound care specialist present, Client's wound went mostly ignored for several days. While Client voiced many concerns regarding the lack of care her wound was receiving, those concerns fell on deaf ears.
On August 6, 2009, Client presented to Doctor's office for follow-up care. Her wound dressing was removed in the office, and Doctor's technician found the wound to be severely infected and infested with maggots. Doctor was notified, and Client was immediately admitted to Hospital where Doctor removed the external fixator and attempted to clean the infected wound. Several days later, it was determined that Client's right leg, below the knee, needed to be amputated as a result of the severe infection, which was performed on August 20, 2009. On August 24, 2009, Client was transferred to the Hospital's rehabilitation center, where she stayed until September 9, 2009.
As a result of Client's severe infection at Skilled Nursing Facility, and ultimate amputation, she incurred medical expenses of over $90,000.00, which does not consider her future medical expenses and needs. Unfortunately, Client also suffered from uncontrolled diabetes and dialysis-dependent kidney failure, which adversely impacted her case. Also, Kansas enacted tort reform legislation several years ago that significantly limited Client's non-economic damages to an amount not to exceed $250,000.00.
Almost two years after the original procedure, Client decided to resolve the medical malpractice case against Skilled Nursing Center to achieve a sense of closure and not be forced to relive this terrible experience. When taking into consideration the liability in this case, Client's economic losses, and her unimaginable and unnecessary pain and discomfort, a confidential settlement of $500,000.00 was reached by the parties.
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