Attending physician did not send man for test – $500,000 settlement

On Aug. 28, 2016, the decedent, 77 years old, presented to the hospital with complaints of shortness of breath. Because of that complaint, the ER physician ordered a D-Dimer to rule out a pulmonary embolus. The D-Dimer was elevated and a pulmonary embolus could not be ruled out. The decedent could not undergo a CT scan due to elevated creatinine levels; therefore, his attending doctor, who was also his primary care physician, ordered a ventilation/perfusion scan to further investigate the possibility of an embolus. Within a few hours after ordering the scan, the attending physician was notified that the ventilation/perfusion scan could not be performed at the hospital. The attending physician decided to keep the decedent at the hospital with the hope of improving the patient’s renal function and arranging for a CT at a later date. The attending doctor felt that the chance of a pulmonary embolus was low and that the renal function was more important to address. The attending physician ordered prophylactic anticoagulation treatment that was adjusted downward because of the patient’s renal impairment. Over the course of three days, the patient slowly declined. On the third day of admission, the attending physician transferred the patient to another hospital. The decedent died within an hour of arriving to the receiving facility. An autopsy revealed that the patient had a saddle pulmonary embolus. The decedent was survived by his spouse and three adult children.

The plaintiff’s standard of care experts opined that the standard of care required the attending physician to immediately arrange for the transfer of the patient upon notification that the ventilation perfusion study could not be performed. The plaintiff’s experts also opined that given these circumstances, the attending physician should have ordered therapeutic anticoagulation treatment rather than the lower prophylactic dose. The plaintiff’s causation experts opined that had the pulmonary embolus would have been successfully treated with such care. The attending physician’s experts refuted these opinions.

The case resolved at mediation for $500,000.

[19-T-147]

Type of action: Medical Malpractice

Date resolved: Oct. 11, 2019

Verdict or settlement: Settlement

Amount: $500,000

Attorneys for plaintiff: Anthony Segura and Ben Byrd, Roanoke; Kris Olin, Blacksburg