A Medical Malpractice case resulting in wrongful death

Disposition: (Settlement/Arbitration/Trial)	Settlement
Date:	3/1/1999
Type of Case:	Medical Malpractice
Allegation(s):	Patient is not given anti-coagulants; female, 77, stroke with left-sided paralysis
Result:	$865,000 / $15,000
Case Name:	*Doe Educator v. Roe Medical Group (confidential)*
Facts:
In January 1993, Claimant, a 77-year-old retired school psychologist/educator, noted occasional heart palpitations lasting 15-20 minutes. She consulted physicians at Defendant medical group. A diagnosis of atrial fibrillation was made. Some digitalis effect was noted. Claimant frequently complained of palpitations for the next three years and was consistently assessed with atrial fibrillation. As early as March 1993 her treating physicians noted that in spite of her diagnosis and need for anti-coagulant therapy, Claimant was not on anti-coagulant therapy. None was prescribed. At this point, Claimant began experiencing some fleeting left-sided numbness. She was put on a daily aspirin tablet. By June 1996 Respondent's physicians noted that Coumadin therapy should be considered; however, none was ever prescribed. On August 20, 1996, 3-1/2 years after the initial diagnosis of atrial fibrillation, plaintiff suffered a significant embolic stroke.
Injury/Injuries:
Embolic stroke with left-sided paralysis; full dependency for all of her daily needs and household support. Emotional distress.
Contentions:
One of the more serious complications of chronic atrial fibrillation is thromboembolism with stroke. In order to prevent this catastrophe, long-term anti-coagulant therapy is advocated in patients with chronic atrial fibrillation. Plaintiff sustained her significant stroke because of the failure of her physicians at Defendant medical group to adequately treat her chronic atrial fibrillation.
Special Notes:
The case settled for $865,000 cash before depositions were taken. Claimant's three adult children settled their potential wrongful death action for an additional $15,000. < back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com