Durphy v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.

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…