Doctors Can Win Malpractice Lawsuits

Categories: Medical Malpractice

Defense Verdict For Doctor in Malpractice Lawsuit Summary

A 25-year-old Pennsylvania man died after presenting to the hospital with breathing difficulties. The Philadelphia malpractice lawyers claimed that the doctor caused his death by failing to intubate him. The doctor argued that the measures suggested by the malpractice lawyers were too risky due to his condition when he presented to the emergency room.

Malpractice Claims and Facts

The alleged malpractice injury victim was admitted to the hospital after going to the emergency room with complaints of shortness of breath, wheezing, and coughing. CT results indicated that there was an enlarged thyroid which significantly obstructed the deceased’s airway. The malpractice attorneys argued that this condition required immediate surgery and intubation, but he was instead placed in ICU for observation. Later on, the deceased went into cardiac arrest and could not be saved. The defendant’s lawyers argued that had the doctors intubated him, he never would have gone into cardiac arrest. The defense argued that the alleged personal injury victim had bronchitis, asthma, obesity, and hypoventilation syndrome. The defense expert testified that the treatment was appropriate based on the problems the deceased had upon presentation to the emergency room. The defense also argued that the medical risks of intubation outweighed the potential benefits to the injured party given his condition.

Philadelphia Malpractice Lawyer Discussion

The malpractice lawyers tried to show that his fragile state and enlarged thyroid demanded that he be intubated. However, the defense experts testified that the doctor’s judgment call was reasonable under the circumstances and therefore, the medical treatment did not fall below the standard of care and was therefore not malpractice. It was also the opinion of the defense expert that intubation would have killed the patient. The malpractice jury only took an hour to return a verdict in favor of the doctor.