When a medical malpractice civil trial was filed on Jan. 5th, Bailey asked for damages from Methodist Jennie Edmundson Hospital, Emergency Physicians of Western Iowa and Dr. Steven Feldhaus of Heart, Lung and Vascular Surgery. The jurors did not find Jennie Edmundson or Emergency Physicians of Western Iowa at fault. Steven Feldhaus and Heart, and Vascular Surgery were the defendants found negligent in the care of Bailey.

According to court documents, in January of 2012, Bailey went to Jennie Edmundson when he had severe pain in his lower left leg. He was treated at the emergency room, and then Feldhaus performed surgery. Complications arose and his leg was amputated below the knee that March. Bailey’s attorney,Christopher Welch, of Omaha, said Feldhaus didn’t do a complete arterial pulse exam of the leg.

Welch added that Feldhaus is culpable in the matter because he failed to ask about the pulse and get all the information in the case. He said Feldhaus should’ve had Bailey transferred to another hospital or called in another surgeon for a procedure that reduces pressure when there is a loss of circulation, because the doctor was coming from Harlan. Welch said the doctor didn’t do the complete surgical procedure, and had to finish the work the next day.

Tony’s wife, Debra Bailey, was also suing the defendants for loss of spousal consortium. In her case, the jury sided with the defendants.