• 21
  • July
    2010

An interesting medical malpractice case involving the U.S. government and the Federal Tort Claims Act was recently filed in a Florida federal court. The case alleges that a doctor in a federally funded health center misdiagnosed and failed to treat a man's nerve condition, which ultimately resulted in paralysis of his arm.

Thomas Strautman, of North Fort Myers, Florida, alleges that he went to Family Health Centers of Southwest Florida in October of 2007 complaining that he had lost partial use of his left arm and hand. At the health center, Strautman was examined by Dr. Melissa M. Zale, who allegedly told him his symptoms were most likely the result of a stroke, but there was nothing she could do about his problems.

Based upon her examination, Zale did not refer Strautman to a neurologist or order any additional neurological tests or examinations. When his symptoms did not improve, Strautman saw another doctor who recognized his condition as cubital tunnel syndrome, a severe nerve condition that causes pressure to build on the ulnar nerve near the elbow.

In his malpractice lawsuit, Strautman argues that Zale's misdiagnosis of a stroke, and her failure to timely diagnose his actual condition allowed it to worsen causing permanent paralysis and the loss of use of his left hand. He also claims that Zale was negligent in not referring him to a neurologist to address his arm and hand conditions.

The lawsuit was filed against the U.S. government under the Federal Tort Claims Act (FTCA), which allows private individuals to sue the government for the negligence or tortious acts of federal employees. Under the FTCA, individuals can sue for damages, but they are limited to compensatory damages, which means they cannot recover any punitive damages.

According to his lawsuit, Strautman is seeking $5 million in damages for his pain and suffering, permanent disability, mental anguish, rehabilitation costs, and the loss of the use of his arm and hand.

Related Resources:

Federal Government Liable for Florida Man's Paralyzed Arm, Suit Says