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Medical Malpractice Defense
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Case Details
On Tuesday, November 4, 2014, a jury for the 20th Judicial Circuit Court for Fort Meyers, Florida, found in favor of an emergency department physician and a physician’s assistant accused of failing to diagnose a patient’s pulmonary embolism that caused her death. The decedent, a 42-year old woman, died three days after being discharged from the emergency department. Alleging that the physicians failed to order necessary diagnostic tests to rule out the patient’s embolism, the decedent’s husband and daughter asked the jury for $3.7 million dollars in damages. However, the defense successfully argued that the decedent’s fatal embolism developed after she left the emergency room, and that the physicians made the appropriate diagnosis of acute bronchitis prior to discharge. After a compelling closing argument by lead counsel Kevin O’Connor, the jury returned a defense verdict after four hours of deliberation.
Additional Notes
Defense verdict for an emergency department physician and physician's assistant in a medical malpractice case alleging failure to diagnose pulmonary embolism. Plaintiff sought $3.7 million.