Missouri Woman Awarded $326,000 in Medical Malpractice Trial

By Daniel Hawn

Published on September 26, 2005

The case involved Sheri Milburn, 54, of Neosho, and Dr. Robert Betz, a surgeon who worked at Freeman Neosho Hospital. In November 2001, Milburn was taken to Freeman for severe abdominal pain. According to court documents, Betz named progressive appendicitis as a potential diagnosis of Milburn's condition.

In court, Milburn's attorney, Roger Johnson, claimed that Betz did not meet established standards of medical care in treating Milburn. Johnson alleged that although appendicitis is a potentially fatal condition, Betz left the hospital the night that Milburn was admitted.

Johnson further claimed that after Betz finally performed surgery to remove Milburn's appendix, the doctor failed to thoroughly irrigate the surgical area in order to prevent infection.

The lawsuit claims that as a result of Betz's negligent actions, Milburn was forced to undergo additional surgical procedures.

Betz's attorney, Michael Cordonnier, argued that his client did not immediately perform an appendectomy because Milburn reported having pain in areas of her abdomen that are not usually associated with acute appendicitis.

Cordonnier also claimed that after the procedure, Betz irrigated the surgical area as necessitated by Milburn's condition.

Following the trial's closing arguments, jurors deliberated for two hours before finding in favor of Milburn.

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