A New York jury recently returned a $7.6 million verdict in favor of the plaintiffs in a medical malpractice wrongful death case.
The case stemmed from a man in his 50s who called his cardiologist when he experienced chest pains and thought he was having a heart attack. His cardiologist told him to go to a hospital emergency room (ER). The patient immediately followed his physician’s instructions and arrived at the hospital ER within eight minutes of the call.
According to the lawsuit, the patient was left alone in a hospital room without any monitoring for 23 minutes. The patient died within 30 minutes of arriving at the hospital.
Once he was at the hospital, the patient was not treated with any medications, including aspirin, any other blood thinner, nitroglycerin, drugs to control blood pressure, or any cardiac medication.
At trial, the defense argued that administering aspirin or constantly monitoring the patient would not have prevented his death.
The jury didn’t buy that argument, though, and found in favor of the plaintiffs.
The attorney for the deceased man’s wife and children commented that, “He would have been better off in the street having a heart attack†because someone would have noticed him earlier.
That’s a striking comment that I’ve made in several cases myself. Whether in the ER or admitted to a unit, a patient is at the hospital for medical care and monitoring. When a patient is left alone in an ER lobby or room without monitoring or medical care, it can be medical negligence and a violation of the standard of care.
The Joint Commission, the nation’s oldest healthcare accrediting organization, has issued standards for hospitals concerning resuscitation.
• Hospitals must have policies, procedures, or protocols about resuscitation services.
• Hospitals must have resuscitation equipment available for use based on the needs of the population served.
• The hospital must provide education and training to staff members regarding resuscitation. Training must be done at orientation and then periodically thereafter, or when staff responsibilities change.
The accrediting standards note that efficient and high-quality cardiopulmonary resuscitation (CPR) is critical for surviving cardiac arrest. Yet, The Joint Commission found that performance in some hospitals still misses the mark, even though training personnel for in patient monitoring processes is available.
Accreditation surveyors have found that one of the frequently cited factors in poor hospital resuscitation performance is a lack of staff training.
When it comes to providing emergency resuscitation care, time is of the essence. Research shows that each minute of delayed CPR can lead to a 7–10% drop in successful outcomes. Similarly, delays in defibrillation and administration of epinephrine can decreased survival odds.
If you or a relative has been seriously injured because of poor emergency cardiac care or CPR in Texas, then contact a top-rated, experienced Texas medical malpractice lawyer for free consultation about your potential case.
