WRONGFUL DEATH MATTER SETTLES FOR $1M NECESSARY MEDICAL TESTS NOT TIMELY ORDERED

Wrongful Death Matter Settles For $1M Necessary Medical Tests Not Timely Ordered

This was a medical malpractice/wrongful death action brought by the Estate of Jane Doe. Doe was an active 51-year-old woman who owned and managed her own staffing company.

Doe presented to ABC Internist in June 2001 complaining of recurrent episodic shortness of breath and chest pain. She was at a higher than average risk of venous thromboembolism because she was taking oral contraceptives.

Over the ensuing months, Doe continued to see ABC Internist on multiple occasions with the same complaints. Despite this, ABC Internist failed to diagnose that Doe's symptoms were due to recurrent pulmonary emboli.

Eleven months later, when ABC Internist finally considered the possibility of pulmonary embolism, she ordered a spiral CT and VQ scan, which would have diagnosed the problem. However, ABC Internist did not order them as stat tests and scheduled them to be done in two weeks. Doe died from pulmonary embolism five days later.

Plaintiff's counsel said that, had ABC Internist timely ordered the necessary diagnostic tests and begun appropriate treatment, Doe would be alive and well.

Doe is survived by her husband and two children.

The case settled for the policy limits of $1 million.

Type of Action: Medical malpractice; wrongful death

Type of Injuries: Death

Court/Case Number/Date: Withheld; April 2004

Caption: Estate of Jane Doe v. ABC Internist, et al.

Name of Judge: Withheld

Settlement Award: $1 million

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

Plaintiff's Experts: E.P. Trulock, M.D.; Gregory Balko, M.D.