Neurologist Not Liable in Medical Malpractice Suit

Obtained a defense verdict in a two-week health care liability trial in Pennsylvania. The plaintiff, whose decedent suffered a stroke and later died from pulmonary embolism, sued the primary care physician, the small community hospital where her decedent was treated, three internists at the hospital who directed his care during his hospital course and our client, a neurologist whose care was limited to a single consultation.  The plaintiff claimed that, had the primary care physician immediately directed her decedent to go to the hospital, he would have been a candidate for tPa despite his many co-morbidities (hypertension, uncontrolled diabetes, obesity) and would have had a favorable outcome.  She also claimed that our client should have ordered DVT/PE prophylaxis.

Our neurology and neuroradiology experts were able to establish that there was no way to time the onset of the decedent's stroke such that he would not have been a candidate for tPa.  Those experts also testified that the decision to order DVT/PE prophylaxis is generally made by attending physicians who, in this case, were aware of the decedent's risk for DVT/PE, directed his care throughout his hospital course and were highly trained and experienced in caring for stroke patients.  Although the plaintiff settled her claims with the hospital and the internists prior to trial, the court permitted the non-settling defendants to cross-examine the plaintiffs' experts as to their criticisms of the settling internists, and, finding that the plaintiff's expert had established a prima facie case of negligence as to those doctors, the court ordered that they should remain on the verdict slip for the purpose of apportioning liability as among all defendants.  After several hours of deliberation, the jury returned a verdict against the plaintiff and in favor of our client and all defendant physicians.