Doctor's Failure to Diagnose Medical Condition Lead to Plaintiff's Verdict

 

A diabetic man who accused his doctor of failing to recognize the symptoms of Charcot foot recovered $1,475,000. In 2006, David Luna, then 63, said he complained of ongoing swelling to his leg and foot to his doctor at a Diabetic Centers of America facility. He alleged Dr. Lloyd Damon Weddington told him the swelling was a by-product of his diabetes and that he would just have to tolerate it. However, a podiatrist later diagnosed Luna with Charcot foot, and the podiatrist contended Luna must have been suffering from the condition while treating with Weddington. Luna claimed Weddington's failure to diagnose Charcot foot led to ulcers and infections. He is no longer able to walk and his leg will likely have to be amputated below the knee. Weddington argued that he performed all adequate testing and that Luna never complained about his foot after his first visit. The jury awarded Luna and his wife $2.27 million in damages, but it was reduced to due comparative negligence.