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Medical Malpractice: Cardiac Arrest

Delayed use of defibrillator results in cardiac arrest


 
Disposition: (Settlement/Arbitration/Trial) Settlement

Date:

2/13/2004

Type of Case:

Medical Malpractice

Allegation(s):

Delayed use of defibrillator alleged as cause of death

Result:

$325,000

Case Name:

Lindburg, et al. v. Unnamed Hospital, Roe Dr. 1, Roe Dr. 2

Facts:

On March 20, 2002, the plaintiffs' decedent Linda Lindburg, 61, an event coordinator/lecturer, was admitted to the defendant hospital and underwent a cardiac catheterization, which revealed three-vessel coronary artery disease with moderately severe aortic stenosis. Roe Dr. 1 recommended a coronary artery bypass graft, along with a valve replacement as a result of these findings. On March 21, Lindburg underwent a quadruple bypass and aortic valve replacement. Roe Dr. 1 performed the procedure and Roe Dr. 2 was the anesthesiologist. The surgery went well and Lindburg was transferred to the recovery room in stable condition at 2:10 p.m.

While still in the recovery room, at approximately 3:50 p.m., Lindburg began experiencing heart attack symptoms and went into an arrhythmia and she suffered cardiopulmonary arrest. Cardiac pulmonary resuscitation and cardiac medications were administered. The defendant doctors responded to the code, along with various hospital personnel. At some time during this event, Lindburg's treating cardiologist was called to come in and assist. When he arrived in the recovery room at approximately 4:06 p.m., he immediately applied paddles and administered cardio shock, which reestablished a cardiac rhythm. Lindburg was subsequently returned to the operating room and underwent an additional double coronary artery bypass. Due to the extended period of time it took the doctors and hospital personnel to reestablish a cardiac rhythm, Lindburg suffered hypoxic encephalopathy, rendering her comatose. She remained at the hospital for an additional fourteen days until April 4, when she was transferred to a local hospice. On April 13, Lindburg died in their care. Lindburg's husband, Donald, and her five adult children sued the defendant hospital and the two defendant doctors, alleging medical malpractice and wrongful death.

Injury/Injuries:
The plaintiffs claimed general damages for the wrongful death of their loved one, as well as loss of income and benefits (past and future), funeral and related expenses, and other specials damages as related to this incident.

Contentions:
The plaintiffs contended that the decedent's healthcare providers failed to provide her with the degree of skill and care that a reasonable person would expect in these circumstances. The plaintiffs alleged that the defendants' negligence stemmed from their breach of protocol concerning dealing with Lindburg's post-operative heart attack symptoms and cardiac arrest. No attempt was made to use the defibrillator for approximately 20 minutes in order to cardiovert the decedent. The plaintiffs argued that had standard protocols been followed, Lindberg would not only have survived, but she would have survived with no hypoxic injury. The defense contended that the defendants complied with the applicable standard of care and they used the defibrillator in a timely manner.

Special Notes:
The plaintiffs settled their claim against the defendant hospital for $325,000. The plaintiffs agreed to dismiss the defendant doctors in exchange for a waiver of costs and waiver of any alleged malicious prosecution action.

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