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This was a medical malpractice/wrongful death action brought on behalf of the estate of Dr. John Doe, a 55-year-old man who was transferred for cardlothoracic surgical evaluation from an outlying emergency room to the ABC Hospital. He had adiagnosis of acute Type .A aortic dissection — an acute cardiothoracic surgical emergency that re­quires immediate operative intervention. it is readily treated with, surgery. However, if left untreated, it is almost always fatal.

Upon arrival at ABC Hospital, the defen­dant heart surgeon, Dr. Roe, evaluated him. The defendant cardiologist, Dr. Koe, preformed an emergency transesophageal echocardiogram (TEE). A repeat CT scan was also performed by the radiology group under contract to ABC Hospital.

The tests confirmed the diagnosis of acute Type A aortic dissection.

Despite the knowledge that elevated blood pressure significantly increases the risk of aortic rupture in a patient as aortic dissection, the physicians caring for Dr. Doe permitted him to remain dangerously hypertensive. On day seven, Dr. Doe's aor­ta perforated into the pericardium, stopping' his heart, causing severe pain, suffering and death.

An autopsy confirmed that Dr. Doe's aor­tic rupture was caused by a Type A aortic dissection.

Dr. Roe, Dr. Koe and ABC Hospital con­tributed to a combined settlement of $4 mil­lion — the demand at mediation.

Type of Action: Medical malpractice; wrongful death

Type of injuries: Pain and suffering; death

Court/Case Number/Date: Withheld/Dec. 2002

Caption: Doe v. ABC Hospital, et al.

Judge, Jury or Arbitrator: Settled prior to trial

Name of Judge: Withheld

Verdict, Settlement or Arbitration Award: $4 million settlement

Special Damages: N/A

Insurance Carrier: Withheld

Attorneys for the Plaintiff: Charles Kampinski and Laurel A. Matthews, Cleveland

Plaintiff's Experts: Alan Markowitz, M.D., Benzico Barzilai, M.D., Geoffrey Rubin, M.D., and John Burke, Ph.D.




Dec 1, 2002


Wrongful Death

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