Defense Verdict for Primary Care Physician
Obtained a defense verdict on behalf of a primary care physician. The plaintiff alleged the physician failed to order a blood test that would have detected a rare blood disorder called TTP. Five days after seeing our client, the decedent’s condition rapidly declined, and two days later, he died. Prior to trial, the plaintiff’s demand was almost $1 million. The defense was multifaceted. First, our client directed the decedent to the hospital where a blood test would have been performed, but the decedent refused. Furthermore, the decedent refused outpatient testing, which would have included a blood test. Our client tried to comply with the standard of care but was prevented from doing so because of the decedent’s choices. Second, We contended that the decedent did not die from TTP but, rather, from a related blood disorder called DIC, which is only caused by another underlying pathology, which, in this case, was suspected to be lung cancer.