Jury Awards $5 Million For Walk-In Clinic Negligence: In September 2022, a Maine medical malpractice jury awarded a now 32-year-old man $7 million, which the jury then reduced to $5 million due to the man’s own negligence that contributed to his injuries, against a hospital and an emergency physicians practice.
Plaintiff Joshua Desjardins alleged that he went to the hospital’s walk-in clinic in Brunswick on December 26, 2018 at which time a physician assistant diagnosed him with the flu and sent him home with instructions to return if his symptoms did not improve in 10 days.
The plaintiff returned to the hospital three days later and was seen in the emergency department. He was diagnosed with sepsis and acute respiratory failure at that time. A chest x-ray determined that he had pneumonia. He was intubated and then taken by air ambulance to another hospital for treatment. Two days after he arrived at the second hospital, he required a tracheotomy and was placed on life support for 31 days. He suffered strokes and pneumothoraxes while hospitalized. He remained in the hospital until February 4, 2019. He suffered permanent injuries as a result.
The plaintiff’s Maine medical malpractice lawsuit alleged medical negligence in failing to perform an adequate work up and by failing to timely and appropriately treat the plaintiff, including the failure to order a chest X-ray during the initial visit to the walk-in clinic and the failure to obtain laboratory work, the failure to transfer the plaintiff to an emergency department, and the failure to warn the plaintiff regarding the seriousness of his medical condition.
Spokespersons for the defendant hospital and the defendant emergency room physicians group stated after the verdict: “While we’re disappointed in the verdict, I know that Bluewater continues to stand behind the high quality of care from all of its providers at the Walk-in Clinic, and that it wishes Mr. Desjardins all the best in his recovery … The jury found that acts of BlueWater’s employee and the plaintiff were both contributors to the adverse medical outcome for Mr. Desjardins. Mid Coast Hospital was not found directly liable but was found vicariously liable based on the legal premise of apparent agency.”
The plaintiff stated after the verdict, “I hope that my case makes it a little less likely that any other Mainers or their families will have to go through something like this.”
If you or a loved one may have been injured as a result of medical negligence in Maine, you should promptly find a Maine medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a Maine medical malpractice case, if appropriate.
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