The Winona Post has reported that a Lewiston man has filed a medical malpractice suit, seeking an award in excess of $50,000, against a medical facility and physicians that he claims have caused him to become a paraplegic.
The jury trial is planned for January 2012 and both attorneys for the defense and prosecution are preparing to provide expert testimony.
The suit is filed on behalf of the alleged victims, R.G. and his wife C.G.
Named in the lawsuit are Winona Health Services and Winona Health Physicians Clinics. Also named are a handful of physicians: T.D., C.S., B.W., S.V.T., A.B. and R.P.W.
Between March and May of 2009, court documents show that R.G., while under the care of Winona Health, suffered from sepsis. Court documents also show that although he had a staph infection, he was not given IV antibiotics.
IV antibiotics are allegedly considered a standard of care in the treatment of staph infections.
In not treating R.G. with IV antibiotics, the suit alleges that it caused him to have a spinal epidural abscess. The abscess then damaged the nerves in his thoracic spine and caused the paraplegia along with a neurogenic bowel and bladder.
R.G. later went to the Urgent Care at Gundersen Lutheran in La Cross to have portions of his spine surgically removed.
The attorney for R.G. and C.G., Gregory Egan III, has asked Judge Mary Leahy that any argument that puts blame onto Gundersen Lutheran be dismissed. Along with that request, Egan has asked the court that if they choose to allow that argument, that the court would then require Gundersen Lutheran to become a party in the lawsuit.
Egan contends that his clients do not want Gundersen Lutheran sued, as they believe that the fault of R.G.’s paraplegia rests solely with Winona Health. Egan said, “I don’t think (Gundersen Lutheran) did anything wrong.”
Egan further stated that his client had suffered for two full months with neurologic symptoms before entering Gundersen Lutheran. He said, “Winona Health is trying to shift the burden of proof to the plaintiff, and I think that’s unfair.”
Richard Bland, defense attorney for Winona Health, said that Gundersen Lutheran delayed an MRI for one day, which subsequently delayed R.G’s surgery for another day, and that delay caused R.G. to become paralyzed.
In civil suits, in the state of Minnesota, if a jury finds a party 40 percent at fault then they must pay 40 percent of the damages. But, if found 51 percent at fault, they must pay the entire damages sought.
Egan asked that all of the defense’s discovery evidence, and expert testimony, be disclosed quickly so that he would have time to evaluate everything and avoid any surprises during the trial.
Judge Leahy is considering all of the arguments and would make a ruling soon in regards to the motion to dismiss the Gundersen Lutheran defense.
Court documents show that R.G. has suffered great pain, disability, emotional distress and embarrassment. He has also suffered from loss of function, loss of life’s enjoyments, impaired earning capacity with the loss of wages past and future, and medical expenses, both past and future.
Have you suffered while under the care of a physician or medical facility? Contact a medical malpractice attorney for help to recover some of what you have lost.