Many times when a person presents to the emergency room of a hospital, multiple doctors will render treatment and care to the person. Thus, if the person subsequently suffers harm because the care provided was inadequate, there may be more than one care provider liable for the person’s harm. If a plaintiff cannot establish that the negligence of an individual defendant proximately caused the plaintiff’s damages, though, the plaintiff’s claims against that defendant will be dismissed. This was demonstrated in a recent case in which the court granted summary judgment to an emergency room physician, ruling that any negligence on behalf of the physician did not harm the plaintiff’s decedent. If you or a loved one sustained harm due to inadequate care in a hospital, it is prudent to consult a trusted Syracuse hospital malpractice attorney to discuss your case.
It is alleged that the plaintiff’s decedent presented to the emergency department of the defendant hospital with complaints of chest pain. He was initially evaluated by the first defendant emergency room physician, who ordered numerous tests. However, she did not order a CT scan, due to the fact that she felt a CT scan should not be conducted until after the decedent’s lab results were returned. The defendant emergency room doctor’s shift ended prior to her receiving the decedent’s lab results.
Reportedly, the decedent’s care was then turned over to the second defendant emergency room physician, who requested a consultation with the defendant cardiologist. The defendant cardiologist performed an aortogram to determine if the decedent had an aortic dissection. No CT scan was performed at that time. The decedent was ultimately discharged with suspected deep venous thrombosis and directed to follow up with a thrombosis clinic in two days. Three days after his discharge, the decedent died of hemopericardium due to a ruptured dissection of the aorta. The plaintiff subsequently filed a lawsuit against the defendants asserting claims of medical malpractice and wrongful death. The defendants filed motions for summary judgment. Continue reading