A Maryland medical malpractice jury returned its verdict on October 30, 2018 in the amount of $728,612.35 in favor of the plaintiffs for the death of a 34-year-old man who was seen by his primary care physician for chest pain and shortness of breath that had lasted several days before the visit. Despite an abnormal EKG in the doctor’s office, the man was not sent to the emergency room but instead sent home with instructions to have a CT scan and visit a cardiologist if his symptoms did not improve.
The man suffered a fatal heart attack several days after his visit to his family doctor. The incidents alleged in the Maryland wrongful death medical malpractice lawsuit occurred between September 25, 2012 and September 27, 2012. An autopsy determined that the man had coronary artery disease and he had suffered multiple heart attacks.
The plaintiffs’ Maryland medical malpractice wrongful death lawsuit that was filed on September 10, 2015 alleged that the defendant primary care physician and the defendant physician’s assistant breached the standard of care by failing to immediately send the man to the hospital emergency room to rule out a heart attack based on the man’s symptoms. The plaintiffs further alleged that the defendants failed to properly advise the man regarding future cardiac events. The defense argued that the man’s symptoms were atypical for a heart attack given the man’s age, and that it was not a breach of the standard of care to not send the man to the emergency room.
The plaintiffs called three medical experts to testify on their behalf during trial with regard to the breach of the standard of care by the defendants: a family physician, a physician’s assistant, and a cardiologist.
The Maryland medical malpractice case was tried before a jury over a six-day period after which the Maryland wrongful death jury deliberated for about five hours before awarding the man’s parents compensatory damages in the amount of $100,000 each, an additional $100,000 to the man’s estate, and $400,000 to the man’s daughter. The jury also awarded funeral expenses in the amount of $13,867.35 and $14,745 in back child support owed by the man.
After the jury rendered its verdict, the plaintiff’s Maryland medical malpractice lawyer stated, “My clients waited six years to find justice, and they feel good that that happened. It was really hard for them. They were there [at trial] every day. His daughter was 14 at the time that this all happened so she had been shielded from the details of it. She definitely had a difficult time.”
The defense attorney stated after the verdict, “My clients are very disappointed in the verdict and we’re considering our options at this point.”
If you or a family member may be the victim of medical misdiagnosis in Maryland or in another U.S. state, you should promptly consult with a Maryland medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your misdiagnosis malpractice claim for you and represent you or your family member in a medical malpractice case, if appropriate.
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