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Hot Topics - $1,250,000 Medical Malpractice Verdict
On January 14, 2005, a Trumbull County jury returned a verdict of $1,250,000 for a man whose wife died when an emergency room physician negligently failed to diagnose a catheter related infection in the woman, which lead to a need for surgery and ultimately to the woman's death. On April 10, 2002, the woman presented to the ER with complaints of nausea, vomiting, and diarrhea. She also had a Tesio catheter in her chest for dialysis. Evaluation at that time showed fever and an increased white blood count, indicating infection. She was sent home with a diagnosis of gastroenteritis. Her symptoms persisting, she was readmitted 41 hours later and diagnosed with endocarditis, an infection of the heart valves. She did not survive the surgery to repair her heart valves. Experts in the case testified that the physician in charge on April 10, 2005 failed to meet the standard of care when discharging her without recognizing or investigating the potential for catheter related infection, a commonly known risk of such devices. Further, expert testimony concluded that starting her on the antibiotic Vancomycin on April 10, 2002 would have avoided the need for the surgery and an extensive hospitalization which she did not survive. Instead, she would have been treated with antibiotics and on an out-patient basis. Thus, the ER physician's breach of the standard of care was deemed to be the proximate cause of the woman's death.
Following the verdict the trial judge granted pre-judgment interest in the amount of $267,807.92 on the basis of the defendant's malpractice insurer's failure to make a good faith effort to settle the case, as evidenced by its zero offer.
For more information, please call us at 216.696.3232 or email ssl@spanglaw.com. |
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