Virginia Lawyers Weekly

Bell v. Myers

Type of Case: Wrongful death

Court: Chesterfield County Circuit Court

Attorneys: Thomas E. Albro, R. Lee Livingston, Charlottesville

Summary: The 38-year-old decedent died seven weeks after he went to his primary care physicians with complaints of indigestion and pain in his arms for two months. According to an autopsy, the cause of death was cardiomyopathy, idiopathic (ischemic) type that led to a fatal arrhythmia.

Plaintiff’s attorneys contended that the PCP and a gastroenterologist who saw the patient a week before his death should have referred him for a cardiac evaluation, which they argued would have disclosed the cardiomyopathy. The defendants countered with evidence that decedent died from a stroke rather than from heart disease.

The jury returned a verdict in favor of the gastroenterologist but against the primary care physician. The case was resolved without an appeal.

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