TALLAHASSEE - A couple are suing a doctor who allegedly repaired a fractured femur incorrectly.
Wheat Kirbo III and Natalie B. Kirbo filed a lawsuit on Jan. 20 in the Leon County Circuit Court against Chesley D. Durgin III, M.D. and the Tallahassee Orthopedic Clinic III, PL, for negligence and vicarious liability.
According to the lawsuit, on Nov. 3, 2019, Wheat Kirbo III suffered a fall that resulted in a fracture to his right femur, causing Durgin to perform an open reduction, intramedullary nailing of the fracture. On August 19, 2020, due to the femur not healing correctly, Kirbo had to undergo surgical repair, and upon being opened up, the doctor found multiple broken pieces of braided metallic cable within the fracture that had to be removed, the suit says.
Wheat Kirbo III was caused to suffer significant permanent injury, pain and suffering, disability, mental anguish, disfigurement, loss of capacity to enjoy life, hospitalization expenses, medical care and treatment expenses, rehabilitation and nursing car expense, loss of the ability to earn money and aggravation of a pre-existing condition.
The Kirbo's seek a judgment for damages, cost of suit and prejudgment interest. The Kirbos are represented by Donald M. Hinkle.
Leon County Circuit Court filing number 142345811