Madison - St. Clair Record

Friday, August 23, 2019

Podiatrist says patient failed to follow instructions in suit alleging amputation

By Heather Isringhausen Gvillo | Mar 29, 2018


A podiatrist and his practice argue that a patient failed to follow instructions and exercise reasonable care for her own safety in a lawsuit alleging her foot ulcer became septic, resulting in amputation.

Patsy Campbell filed the complaint on Jan. 22 against Alan Gitersonke and Gitersonke Foot Clinic PC.

In her complaint, Campbell claims the defendants provided podiatry services to treat a foot ulcer on July 28, 2016. However, Campbell alleges the defendants failed to obtain cultures prior to ordering an antibiotic treatment, failed to update imaging studies and failed to refer her to a vascular surgeon.

As a result, Campbell claims she suffered amputation of her left lower extremity.

Gitersonke and Gitersonke Foot Clinic answered the complaint on March 8 through attorney Mark Bauman of Hinshaw and Culbertson LLP in Belleville. The defendants denied liability.

In their affirmative defenses, the defendants argue that Campbell had a duty to exercise reasonable care for her own safety.

They allege Campbell failed to wear her ankle foot orthosis (AFO) on her left foot as instructed by her physicians and failed to bring her AFO into their offices when instructed to do so for evaluation and adjustment if necessary.

They allege Campbell failed to stay off of her feet as much as possible and failed to contact the defendants when she noticed a change in the condition of the ulcer on the bottom of her left foot. 

The defendants also argue that Campbell failed to keep her appointment with her vascular specialist, which had been scheduled for Aug. 7, 2016, failed to instruct her vascular specialist to provide the results of any visit to the defendants, and failed to keep her Aug. 15, 2016, appointment with the defendants.

As a result, Campbell “was at fault to such a degree so as to preclude any right of recovery she may have in this case,” the defendants argue.

Campbell filed a reply to the affirmative defenses on March 14 through attorney Joseph Bartholomew of Cook, Bartholomew, Shevlin & Cook LLP in Belleville. She denied each allegation against her.

She seeks more than $50,000, plus court costs.

Madison County Circuit Court case number 18-L-72

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Organizations in this Story

Cook, Ysursa, Bartholomew, Brauer & Shevlin Hinshaw and Culbertson Madison County Circuit Court