On January 26, 2024, a Virginia medical malpractice wrongful death jury returned its verdict in the amount of $5.5 million (including $9,206.87 in funeral expenses) for a 48-year-old man who died from pulmonary embolism after he visited his family doctor complaining of shortness of breath, dizziness, chest pain, and dry mouth. The family doctor determined the patient to have mild tachycardia with blood oxygen saturation at 94%. The family doctor took two blood pressure readings during the visit that were recorded as 92/50 and 130/80.
The family doctor believed that the man’s shortness of breath was due to deconditioning (the man had significant mobility limitations due to thoracic decompression surgery he had about three and a half months prior that resulted in the man using a walker and a wheelchair). The family doctor attributed the man’s chest pain to GERD and his dizziness to possible orthostatic hypotension. Nonetheless, the family doctor ordered a D-Dimer test to rule out pulmonary embolism. However, the D-Dimer test was not performed on a stat basis; the result of the test was expected the following day.
About six hours later, while the man was at home, he collapsed; emergency responders were unable to resuscitate him. The next day, the family doctor received the result of the D-Dimer test, which was reportedly thirty times higher than normal.
The plaintiff’s experts reportedly testified during trial that the defendant family doctor violated the standard of care by failing to suspect acute pulmonary embolism based on the patient’s risk factors and his presenting signs and symptoms. Those experts also reportedly testified that the standard of care required the immediate transfer of the patient to the nearest emergency room so that the D-Dimer test could be completed on a stat basis and a chest CT-A obtained.
The defendant’s experts reportedly testified during trial that the patient did not meet the profile of a patient experiencing an acute pulmonary embolism: his chest pain was not related to his lungs, his vitals were consistent with those recorded during prior visits, and he did not appear ill during the visit. They attributed his death to a cardiac event, and not a pulmonary embolism (no autopsy was performed). They also reportedly testified that even if the man was sent to the emergency room, there was not sufficient time or resources to save his life.
The trial lasted four days after which the jury returned its verdict in about an hour. The parties reportedly had previously entered into a high-low agreement, which means that the amount the defendant will be responsible to pay is limited to the “high” specified by the agreement if the high is less than $5.5 million.
If you or a loved one suffered harm as a result of medical negligence in Virginia or in another U.S. state, you should promptly find a Virginia medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.
Turn to us when you don’t know where to turn.
