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Judgement denied in malpractice case

An Ohio court decided Monday it will not yet come to a decision in a lawsuit against Ohio University about a claimed misdiagnosis of flesh-eating bacteria in 2007.

Molly Millsop, of Vandalia, Ohio, filed two motions for a summary judgment in January in her case against OU, which claims medical malpractice and wrongful conduct.

Millsop’s case arose from an alleged misdiagnosis by Hudson Health Center, now called Campus Care, while she was an OU student. After multiple trips, the center did not diagnose Millsop with a flesh-eating bacterial infection, which resulted in part of her lower arm needing to be amputated, according to court documents.

Millsop is suing for $25,000 in economic damages.

She is also suing for noneconomic damages — which are separate from the quantifiable hospital bills and other costs.

Her motions for summary judgment claimed the law that limited the amount Millsop could sue for in noneconomic damages was unconstitutional.

OU responded to the motion in February by stating a different law — which does not have a limit on noneconomic damages — applies because OU is a state university.

On Monday, the Ohio Court of Claims decided in OU’s favor and denied the motion for a summary judgment. There is no new court date set, according to court documents.

In September 2007, Millsop went to Hudson three times complaining of fever, headache, chills, body aches, vomiting, shortness of breath and right-arm pain, according to court documents.

The second time she went to the center, Dr. Susan Righi diagnosed Millsop with a muscle strain. Millsop also saw Righi the third time, and she diagnosed her with adjustment reaction with anxiety, according to court documents.

Later that day, Millsop’s parents took her to the O’Bleness Memorial Hospitalemergency room, where she was immediately diagnosed with necrotizing fasciitis, a flesh-eating bacterial infection.

She was taken to the Ohio State University Hospital and underwent surgery to have the lower part of her right arm amputated, according to court documents.

She is claiming noneconomic damages for great physical, mental and emotional pain to both her and her parents and a permanent limit to her normal activities currently and in the future, according to court documents.

Millsop’s parents are also listed as plaintiffs in the case.

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