Doctors Can Win Medical Malpractice Lawsuits

Categories: Medical Malpractice

Defense Verdict For Doctor in Medical Malpractice Lawsuit Summary

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

Medical Malpractice Claims and Facts

The alleged medical malpractice personal 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 medical 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 decedant’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 Medical Malpractice Lawyer Discussion

The Philadelphia medical 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 medical malpractice. It was also the opinion of the defense expert that intubation would have killed the patient. The Philadelphia medical malpractice jury only took an hour to return a verdict in favor of the doctor.