Judge Dismisses Kentucky Woman's Medical Malpractice Lawsuit
By Daniel Hawn
Published on November 28, 2005
Citing insufficient evidence, a Daviess County judge dismissed the case of a woman who claimed that the medical professionals she saw while pregnant failed to properly treat her for chicken pox, allegedly causing the premature birth of her baby.
Susan Riddle filed the medical malpractice case against physician Randall King, physician assistant Victor Dunn, Emergency Physicians Health Group, and Owensboro Medical Health System.
According to court records, on Oct. 31, 1996, Riddle went to the emergency room of the hospital and was diagnosed by Dunn as having chicken pox. King was then consulted about Riddle's condition and a decision was reached to release her from the facility.
Several days later, Riddle, suffering a fever and breathing difficulties, was admitted back to the hospital. She was diagnosed this time as having a type of pneumonia related to chicken pox. She was subsequently taken to another hospital where she delivered her baby prematurely, court documents state.
During the trial, Riddle's attorneys planned to bring in physician Daniel New as an expert witness to testify on Riddle's behalf. However, on the day he was scheduled to appear, New did not show and was unable to be contacted.
Circuit Judge Tom Castlen ended the case by issuing a directed verdict that cleared all of the defendants of wrongdoing. Castlen indicated that his decision was made on the basis that Riddle's attorneys were unable to demonstrate the defendants had acted negligently or in a way that harmed Riddle or her baby.
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