Medical Malpractice

71- Year-Old Accident Victim - Misread Spinal Films - Failure To Spot Fractures - Quadriplegia, Resulting Death - $1.575 Million Settlement

Brief Statement of Claim: This was a claim for the wrongful death of a 71-year-old male. The patient was involved in a motor vehicle accident and was taken to an emergency room via ambulance. Spinal films taken in the emergency department were interpreted as normal.

Due to reports that the patient had suffered an episode of syncope and was found slumped over the wheel of the vehicle, he was admitted for a workup regarding the syncope. Prior to the injury, the patient's history included a prior MI, CVA and permanent GI feeding tube.

Two days after admission, the patient suffered a respiratory arrest and was intubated. He remained hospitalized for 31 days before his spinal fractures were discovered during a neurologic consultation. He had surgery to attempt to stabilize his spine. However, by this time, the fractures had become dislocated and bone fragments had torn the spinal cord.

The patient lived the remaining 15 months of his life in a long term care facility.

Principal Injuries (in order of severity): Patient subsequently died from complications of quadriplegia

Special Damages: Past medical bills of $927,510

Tried or settled: Settled

County where tried or settled: Cabarrus

Case Name and number: Confidential

Date Concluded: Winter 1999

Name of Judge: n/a

Amount: $1,575,500

Insurance Carrier: Confidential

Expert Witnesses and areas of expertise: John Harris, M.D., radiologist; Curtis Partington, M.D., radiologist; David Bowton, M.D., triple board certified in pulmonology, critical care medicine and internal medicine

Attorneys for plaintiffs: Troy J. Stafford of DeVore, Acton & Stafford, P.A., Charlotte; E. Troy Blakeney Jr., Houston TX

Other Useful Info: n/a

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