Petition - Missouri Medical Malpractice - Failure To Diagnose
PETITION - MEDICAL MALPRACTICE
COUNT I –
COME NOW Plaintiffs, Alex Thompson, by and through his natural mother and next friend, Amy Thompson, and for their cause of action against Defendant Dr. George D. Comfort, M.D. state as follows:
1. That Amy Thompson is the natural mother and Court appointed next friend of Alex Thompson and a resident of the State of
2. That Alex Thompson is a resident of the State of
3. That George D. Comfort, M.D. is a medical doctor licensed to practice medicine in the State of
4. That on or about January 28, 2004, Dr. George D. Comfort, M.D. was the attending emergency room physician who accepted as a patient and treated Alex Thompson during an emergency room visit at Audrain Medical Center, located in Audrain County, State of Missouri.
5. That on or about January 28, 2004, Dr. George D. Comfort, M.D., was negligent in his treatment and diagnosis of Alex Thompson thereby causing permanent injuries as fully set forth herein, in the following respects:
a. That Dr. George D. Comfort, MD. failed to obtain a complete and adequate history of Alex Thompson’s symptoms, complaints, and progression;
b. That Dr. George D. Comfort, MD. failed to perform an adequate and complete physical exam and order diagnostic testing reasonably necessary to diagnose potential neurological problems consistent with Alex Thompson’s conditions;
c. That Dr. George D. Comfort, M.D. failed to admit Alex Thompson for a reasonable period of time for monitoring and observation;
d. That Dr. George D. Comfort, MD. discharged Alex Thompson without proper and necessary care, treatment, and discharge instructions;
e. That Dr. George D. Comfort, M.D. followed the instructions and recommendations of Dr. Nancy J. Bunge, M.D. without transferring care of the patient to her or requiring her to enter a consultation note in the records.
6. That as the direct result of the aforesaid negligence, Amy Thompson has been caused to expend funds for medical treatment, rehabilitation and ancillary charges to treat the injuries of Alex Thompson, and will in the future continue to incur such charges during Alex Thompson’s minority.
7. That as a direct and proximate result of the aforesaid negligence, Alex Thompson suffered injury from an untreated herpes simplex encephalitis and sustained a severe and debilitating injury to his brain in the right temporal lobe that has and will cause mental and physical developmental problems, variations, seizures, loss of motor functions, and speech problems. Alex Thompson will sustain medical expenses and other charges in order to treat and ameliorate his injuries and condition and he will lose wages and income during his life.
WHEREFORE, Plaintiff, Amy Thompson, prays for judgment against Defendant, Dr. George D. Comfort, M.D. in an amount that is fair and reasonable and well in excess of Twenty-Five Thousand Dollars ($25,000.00), and for costs herein expended; Plaintiff, Amy Thompson on behalf of Alex Thompson, prays for judgment against Defendant, Dr. George D. Comfort, M.D., in an amount that is fair and reasonable and well in excess of Twenty-Five Thousand Dollars ($25,000.00), and for his costs herein expended.
COUNT II –
COME NOW Plaintiffs, Alex Thompson, by and through his natural mother and next friend, Amy Thompson, and for their cause of action against Defendant Dr. Nancy J. Bunge, M.D. state as follows:
8. Plaintiffs incorporate by reference paragraphs 1-7 of Count 1 as if fully set forth herein.
9. That Dr.
10. That on or about January 28, 2004, Dr.
11. That on or about January 28, 2004, Dr. Nancy J. Bunge, M.D., was negligent in her treatment and diagnosis of Alex Thompson thereby causing permanent injuries as fully set forth herein, in the following respects:
a. That Dr. Nancy J. Bunge, MD. failed to obtain a complete and adequate history of Alex Thompson’s symptoms, complaints, and progression;
b. That Dr. Nancy J. Bunge, MD. failed to perform an adequate and complete physical exam and order diagnostic testing reasonably necessary to diagnose potential neurological problems consistent with Alex Thompson’s conditions;
c. That Nancy J. Bunge, M.D. failed to admit Alex Thompson for a reasonable period of time for monitoring and observation;
d. That Nancy J. Bunge, MD. discharged Alex Thompson without proper and necessary care, treatment, and discharge instructions;
e. That Dr.
f. That Dr. Nancy J. Bunge, M.D. overruled the decision of Dr. George D. Comfort, M.D. to perform a lumbar puncture and perform further diagnostic work on Alex Thompson.
12. That as the direct result of the aforesaid negligence, Amy Thompson has been caused to expend funds for medical treatment, rehabilitation and ancillary charges to treat the injuries of Alex Thompson, and will in the future continue to incur such charges during Alex Thompson’s minority.
13. That as a direct and proximate result of the aforesaid negligence, Alex Thompson suffered injury from an untreated herpes simplex encephalitis and sustained a severe and debilitating injury to his brain in the right temporal lobe that has and will cause mental and physical developmental problems, variations, seizures, loss of motor functions, and speech problems. Alex Thompson will sustain medical expenses and other charges in order to treat and ameliorate his injuries and condition and he will lose wages and income during his life.
WHEREFORE, Plaintiff, Amy Thompson, prays for judgment against Defendant, Dr. Nancy J. Bunge, M.D. in an amount that is fair and reasonable and well in excess of Twenty-Five Thousand Dollars ($25,000.00), and for costs herein expended; Plaintiff, Amy Thompson on behalf of Alex Thompson, prays for judgment against Defendant, Dr. Nancy J. Bunge, M.D., in an amount that is fair and reasonable and well in excess of Twenty-Five Thousand Dollars ($25,000.00), and for his costs herein expended.
COUNT III – MALPRACTICE AGAINT AUDRAIN HEALTHCARE, INC. d/b/a
COME NOW Plaintiffs, Alex Thompson, by and through his natural mother and next friend, Amy Thompson, and for their cause of action against Defendant Audrain Healthcare, Inc. d/b/a Audrain Medical Center (hereinafter referred to as “Audrain Hospital”) state as follows:
14. Plaintiffs incorporate by reference paragraphs 1-7 of Count 1 and 8-13 of Court II as if fully set forth herein.
15. Defendant Audrain Healthcare, Inc. is a duly organized corporation registered to do business in the State of
16. That at all times herein mentioned, Audrain Hospital acted by and through its agents, servants, employees, physicians, nurses and staff, and all of them were acting within the scope and course of their employment with
17. That the injuries to Alex Thompson were directly and proximately caused by the negligence of the agents, servants, employees, physicians, nurses, and staff of Audrain Hospital acting within the scope and course of their employment in the following respects:
a. They failed to take, obtain, record and communicate an adequate history of Alex Thompson’s symptoms and complaints in the records to the treating physicians;
18. That as the direct result of the aforesaid negligence, Amy Thompson has been caused to expend funds for medical treatment, rehabilitation and ancillary charges to treat the injuries of Alex Thompson, and will in the future continue to incur such charges during Alex Thompson’s minority.
19. That as a direct and proximate result of the aforesaid negligence, Alex Thompson suffered injury from an untreated herpes simplex encephalitis and sustained a severe and debilitating injury to his brain in the right temporal lobe that has and will cause mental and physical developmental problems, variations, seizures, loss of motor functions, and speech problems. Alex Thompson will sustain medical expenses and other charges in order to treat and ameliorate his injuries and condition and he will lose wages and income during his life.
WHEREFORE, Plaintiff, Amy Thompson, prays for judgment against Defendant, Audrain Hospital in an amount that is fair and reasonable and well in excess of Twenty-Five Thousand Dollars ($25,000.00), and for costs herein expended; Plaintiff, May Thompson on behalf of Alex Thompson, prays for judgment against Defendant, Audrain Hospital, in an amount that is fair and reasonable and well in excess of Twenty-Five Thousand Dollars ($25,000.00), and for his costs herein expended.
Benjamin J. Sansone, # 53852
SANSONE LAW, LLC
314/726-1817
314/726-6087
ATTORNEYS FOR PLAINTIFFS