Missed Diagnosis Malpractice Verdict Upheld

The $8.5 million medical malpractice settlement awarded to Jean Phillips in 2008, who lost the use of her right arm due to a missed diagnosis of a flesh eating bacteria, has been upheld by a federal judge.

In 2002, Phillips sought treatment from Dr. Dan MacAlpine at the Scott Air Force Base in Belleville Illinois.  She was complaining of a rash on her right arm.  MacAlpine didn’t bother to diagnose or treat the rash, but rather he sent Phillips home with instructions to take over the counter pain medication.  He wrongfully assumed that Phillips was a drug addict seeking prescription drugs.

The rash on Phillip’s arm turned out to be a flesh eating bacteria known as necrotizing fasciitis, and the failed diagnosis cost her the use of her arm.

Federal Judge Philip Frazier did, however, concede to the government’s request to have the settlement amount lowered, though not by much.  He reduced the compensation amount for Phillip’s medical expenses by just under $64,000, bringing the total settlement amount down to $8.46 million.

This is a perfect example of how medical malpractice can occur anywhere, including military facilities.  Anyone who suffers injury or damages due to a doctor’s negligence, regardless of where, should consider speaking with a medical lawyer.