Neosho County, Kansas. Plaintiff Verdict
The plaintiff’s decedent was an 18 day old infant who had traveled from Maine where she was born to the Chanute, Kansas area. Our client, a family practitioner, was seeing the child for the first and only time as a follow up from an emergency room visit where a chest film had been reported by the ER physician as normal, which was reported to our client. Our client was unaware that an over read of the film showed pneumonia, and diagnosed a viral upper respiratory infection. Two days later the child died, and the cause of death disputed between the parties at trial. The total claim for damages pretrial was in excess of $500,000. Although the doctor was found by the jury to be at fault, the total verdict was limited to only the claimed medical expenses of approximately $31,000.