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BONE INFECTION (OSTEOMYELITIS) AND AMPUTATION

WAGNER, Chief Judge: Appellants, Frank Durphy and his wife, Elizabeth Durphy, filed a medical malpractice action against Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. (Kaiser) alleging that Kaiser's physician employees negligently failed to diagnose timely and treat properly Mr. Durphy's osteomyelitis, a bone infection, as the result of which Mr. Durphy's right foot had to be amputated. Mrs. Durphy sued for loss of consortium resulting from Kaiser's negligence. Kaiser denied the allegations of negligence and contended that any injuries and damages sustained by Mr. Durphy resulted from his own contributory negligence in failing to comply with conditions essential for the care of his diabetic condition. The jury returned a verdict for the Durphys in the amount of $2 million.

For the foregoing reasons, the orders of the trial court entering judgment for Kaiser as a matter of law or alternatively granting a new trial are reversed, and the case is remanded for reinstatement of the jury's verdict in favor of the Durphys and further proceedings consistent with this opinion. Reversed and remanded.

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