Pinellas County couple allege negligence in husband's thumb amputation

By Jenie Mallari-Torres | Jul 4, 2018

CLEARWATER — A Pinellas County couple is suing medical providers, alleging loss of consortium, negligence and vicarious liability in the amputation of the husband's thumb.

CLEARWATER — A Pinellas County couple is suing medical providers, alleging loss of consortium, negligence and vicarious liability in the amputation of the husband's thumb.

Kurt W. Baldyga and Lynn C. Baldyga filed a complaint June 15 in Pinellas County Circuit Court against Dr. Gerald J. Fitzgerald, Dr. Kirk D. Ciancolo and Fitz Tropics Medical Associates PA, alleging failure to provide services that met professional standards.

According to the complaint, on Aug. 25, 2017, Kurt Baldyga was subjected to the amputation of his left thumb, leading to pain, disability, disfigurement, mental anguish, loss of enjoyment of life, medical expenses and loss of earning capacity, 

The suit says the amputation resulted from the negligence of the defendants to properly diagnose and treat his condition in a timely manner. The lawsuit states Baldyga originally was evaluated by Fitzgerald on Dec. 5, 2016. 

Additionally, the suit says, Lynn Baldyga has been deprived of her husband’s society, companionship, consortium and services. 

The plaintiffs allege the defendants failed to discover the severity of Kurt Baldyga's symptoms from his multiple and repeated visits, and failed to develop adequate diagnosis for his persistent complaints.

The Baldygas seek trial by jury, damages of more than $15,000, plus interest, costs, and all further relief the court deems proper. They are represented by attorney Christa M. Carpenter of The Patient’s Law Firm PA in Palm Harbor.

Pinellas County Circuit Court case number 18-C-4044

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