The defendants argued that the decedent was in extremely poor health before the surgery as a result of advanced heart disease, which they claimed had been misdiagnosed as asthma since 1996.
According to a published account, a jury found no negligence by the hospital or Dr. C. The jury found Dr. A. negligent, but they did not find his negligence to have caused the woman’s death. A defense verdict was entered. Posttrial motions were pending.
Sinus Infection Leads to Brain Abscess
A woman in her 50s presented to a hospital ED complaining of severe headaches for several days. An ED physician made a diagnosis of tension headache and prescribed muscle relaxants and pain medication. Two days later, at her primary care physician’s office, she still had a headache, but it was less severe; she also had nasal discharge, swollen eyes, red sinuses, and nausea. The patient was examined by a PA, who diagnosed an allergic reaction. Steroids were prescribed, and a sinus x-ray and blood work were ordered.
Five days later, the woman developed stroke-like symptoms, including facial drooping and disorientation. She was transported to the same hospital, where CT revealed a brain abscess. She was airlifted to a second hospital for emergency brain surgery, which required part of her skull to be removed and replaced with plastic.
After surgery, the patient experienced respiratory failure and was placed on a ventilator. Following additional brain surgeries, she was left with loss of vision in her left eye and cognitive impairment that could increase her likelihood of developing dementia. She also needed two months of rehabilitation.
The plaintiff alleged negligence by both the ED physician and the PA for their failure to diagnose a sinus infection and to prescribe appropriate antibiotics. She maintained that tests should have been ordered on an urgent basis and that timely diagnosis and treatment would have prevented the abscess. The plaintiff further charged that the PA’s supervising physicians failed to review her chart or consult with the PA regarding her case.
The defendant primary care provider argued that the plaintiff was properly treated. The remaining defendants claimed that the plaintiff was at fault for not undergoing diagnostic testing immediately following the PA’s examination.
According to a published report, a jury found the primary care provider and the PA negligent and awarded the plaintiff $3 million. The ED physician and the first hospital were found not at fault.