Doctor says patient allowed leg wound to become contaminated with dirt and pet hair

By Heather Isringhausen Gvillo | Sep 22, 2015


The doctor accused of negligently causing a patient’s leg to be amputated when they allegedly failed to order tests and scans has denied liability and claims the woman failed to attend follow-up appointments and allowed her wounds to become contaminated with dirt and pet hair.

Cynthia Davidson filed her lawsuit on July 2 against Dr. David L. Kee and HSHS Medical Group Inc., doing business as Ankle and Foot Center.

According to the complaint, Davidson claims Kee, a licensed podiatrist, failed to “apply the knowledge and use the skill and care ordinarily used by a reasonably well-qualified health care provider” in decisions that led to Davidson losing her left leg in August 2014.

Davidson claims Kee was negligent when he failed to obtain any arterial studies and didn’t order advanced imaging, MRI or other necessary scans. She also claims Kee failed to obtain a bone biopsy in the presence of a suspected osteomyelitis, the suit states.

Davidson alleges Kee’s negligence caused her left leg to be amputated. She seeks more than $50,000 in damages, plus court costs.

Kee denied the allegations against him in his Aug. 14 answer to the complaint through attorney Mark Bauman of Hinshaw & Culbertson in Belleville.

In his affirmative defenses, Kee argues that Davidson had a duty to exercise reasonable care for her own safety.

He alleges the plaintiff failed to check her foot every other day for wounds even though she was advised to do so by medical professionals, failed to keep follow-up appointments as scheduled, failed to stay off her foot as directed, failed to use her scooter device to eliminate weight bearing on her foot, failed to take her medications and failed to keep the wounds on her foot clean and dressed when she allegedly allowed her wounds to be contaminated with dirt and pet hair.

On Aug. 21, Davidson denied the allegations in her reply to Kee’s affirmative defenses through attorney Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville.

Davidson also filed a motion to strike Lee’s demand and payment for a jury of 12, arguing that the case should be tried by a jury of 6 based on former Gov. Pat Quinn’s Public Act 98-1132.

The motion was granted that same day.

Circuit Judge Andrew Gleeson scheduled a status conference for Oct. 5 at 9 a.m. before granted the defendant’s motion for substitution of judge on Sept. 8.

Davidson is represented by Joseph Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville.

St. Clair Circuit Court case number 15-L-407

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