Nurse Fails to Properly Treat Serious Medical Condition

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Our client, an inmate at a correctional center, complained of hemorrhoid-like symptoms and put in a sick-call request for medical attention. He saw a nurse for his complaints, but the nurse did not properly examine or treat him during the visit. Several days later, our client was taken to the emergency room at a nearby hospital. The doctors found that, instead of hemorrhoids, he had a large perineal abscess and needed immediate surgery. After that initial surgery, his treatment also called for a colostomy placement and multiple follow-up surgeries for debridement of the wound.

Attorney Mike Koch Appointed in Case of Misdiagnosis and Failure to Treat

Our client initially filed a lawsuit with the help of an inmate lawyer, but the insurance company for the prison filed a motion to dismiss the case. However, the Judge ultimately chose not dismiss the case. Instead, a motion was filed to appoint an attorney for the client.

A federal judge appointed Attorney Mike Koch, of Neblett, Beard & Arsenault, to the client’s case. He immediately went to work on the client’s behalf, filing motions and bringing in a nursing expert to address standards of care in the industry. Throughout the case, Mike provided one-on-one counseling to the client—at the correctional facility, over the phone, and in the town he moved to after his release. After his release, Neblett, Beard & Arsenault was able to help our client set up appointments for medical care, get transportation to and from appointments, and secure lodging while he was being seen out of town. The whole staff at Neblett, Beard & Arsenault cared about our client and his case and talked with him frequently.

Neblett, Beard & Arsenault Fights to Make Sure Client Can Recover From Negligent Nursing Care

During our client’s case, there was a disagreement about how the nurse treated him for his complaints and if he was physically examined. Our client said that he was not physically examined, but the nurse said that she did examine him. Neblett, Beard & Arsenault used experts in nursing care and other evidence to support our client’s claims that the nurse failed to treat him appropriately according to the standards of nursing care and overlooked a serious medical condition that should have been treated sooner.

The case ultimately settled for $250,000 in our client’s favor, but the most satisfying result from this case for Mike is that the settlement allowed the client to have surgery to reverse the colostomy. Our client would not permanently have to deal with the struggles, expense, and embarrassment of maintaining a colostomy. Mike said, "What I wanted from this case was to get our client's medical care taken care of. Achieving this goal for the client was a driving force in the case.” The reversal surgery provided a lot of relief for the client and allowed him to recover more comfortably and normally, while the settlement also compensated him for his past medical bills and treatment.

Patients trust professional nurses to provide appropriate care, and it’s natural for those patients to have a lot of questions when they suspect they’ve not been treated responsibly. Do you need answers after suffering a very serious injury due to the negligence of a hospital or medical professional? Fill out our online contact form to contact Neblett, Beard & Arsenault and discuss your concerns in a free case review.

$250,000