Most residents of the state of Ohio rely upon doctors and hospitals to provide care when they are injured or ill. In many cases the care provided is at, or above, the expected level. Sometimes however, medical providers do not take the steps necessary to provide the care needed and a patient suffers. In the worst cases that person dies. Such an incident can leave those left behind unsure of what action to take. For some, a medical malpractice lawsuit is appropriate.
This is the course of action the family of a man who died in another state, took. They filed a medical malpractice lawsuit against several defendants who the 53-year-old man sought medical care from before he died of a heart attack. They seek damages for:
- Wrongful death
- Medical malpractice
- Loss of consortium
Prior to his death the man’s wife and family allege that he experienced symptoms of a heart attack including chest pain and shortness of breath, and sought medical treatment. As a result, he received an echocardiogram and took an exercise stress test. The exercise stress test that he took was non-diagnostic since he failed to get his heart rate up to a certain level. Though an additional test was eventually ordered, he died before he could take it.
Despite this, as well as his family history of heart problems, a CT angiogram of the chest was not performed by any doctors at a Kaiser-Permanente-approved facility. Additionally, when the man’s brother died as a result of a heart attack and the man requested that he be able to seek further testing from a Kaiser-Permanente partner, that request was denied.
The case may go to trial or an agreement could be reached via a settlement. While there is nothing that can be done to bring back the man who died, financial damages that could be obtained in a successful case may lead to an easier life for those he left behind.
Source: Courthouse News Service, “Family Blames Kaiser for Dad’s Death,” Barbara Wallace, Jan. 3, 2014
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Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Every case is unique, and laws are subject to change. Reading this article does not create an attorney-client relationship. Please consult with a qualified attorney regarding your specific legal situation.
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