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Misdiagnosis Leads to Settlement in Wrongful Death Case

Case Type: Medical Malpractice for Pulmonary Embolism Causing Wrongful Death

Settlement: Confidential

Plaintiff: Confidential
Defendant: Confidential
Case Number: Confidential
Judge: Confidential
Location: Confidential
Date of Settlement: October 27, 2016

Facts of the Case

This case involved a married, 55-year-old mother of two who presented to an Urgent Care Center with complaints of shortness of breath after recent ankle surgery. Without obtaining a detailed history and/or performing any tests, the physician diagnosed the patient with pneumonia, prescribed antibiotics, and sent her home. Unfortunately, just a few days later, she collapsed and died in her home. An autopsy confirmed that she died from a pulmonary embolism that should have been detected and treated prior to her death.

Types of Injuries and Harm Suffered

  • Wrongful death from pulmonary embolism
  • Loss of future wages
  • Pain and suffering

Other Types of Damages

  • Loss of society and companionship for family members
  • Loss of household services for husband
  • Medical bills
  • Funeral and burial expenses

Legal Issues in the Case

  • Whether the physician violated the standard of care
  • Whether her pulmonary embolism caused her shortness of breath
  • Whether her pulmonary embolism would have been seen if blood work and imaging studies had been performed
  • Whether the physician’s conduct caused her untimely death

What We Did To Win The Settlement

We were able to settle this case prior to trial as a result of our obtaining well-qualified and well-credentialed medical experts from around the country. Their support and analysis allowed us to obtain numerous admissions from the Defendant physician that would have prevented him from testifying well at trial. In addition, through a detailed background check on the negligent physician, we discovered previous lawsuits, inconsistent and intermittent employment, and even licensing suspensions enforced against him. This information resulted in the physician and urgent care facility wanting to settle the case prior to trial. The defendant required that information regarding the case be kept confidential as a condition of the settlement.

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