Posted On: May 2, 2007, 2:18 pm CDT

Posted By: Jewel

Douglas County error puts it on defense in malpractice case









OMAHA, Neb. Douglas County might have to pay a hefty price for an employee's failure to deliver.

The county finds itself as the defendant in a medical malpractice lawsuit because the original defendant -- a surgeon -- was never served papers.

Eugenia Kudym (COO-dim) of Omaha is seeking for 450-thousand dollars in damages. That's the amount her attorney said she could have recovered from her physician after she suffered complications from gastric bypass surgery in 2003.

A judge last year ruled that a server from the sheriff's department did not properly serve Kudym's doctor. Meanwhile, the statute of limitations for malpractice lapsed, eliminating the doctor from having to pay damages.

For the county to be held liable, Blakeman must prove malpractice occurred and that the county's error cost Kudym the opportunity to seek damages from the doctor.

(by AP Writer Eric Olson)

I found this story on another website. It is the same article only half as big as this one.

As for her problem, there are definitely complications to this surgery (as any other) that I am sure she was made aware of beforehand. That being said, if the doctor should have advised her about the enzyme then he did do something wrong. Was the process server reprimanded in any way? How did they think they would get away with "fake" process serving, assuming that is what happened...