Did a Doctor's Failure to Test Lead to a Patient's Death?
|
By
Brett H. Oppenheimer, PLLC
The family of this 71 year old client contacted our offices to discuss
the following potential Kentucky medical malpractice case. The patient
presented with a medical complaint of “right lower leg pain, swelling,
heat”. The physician diagnosed a small superficial thrombosis inferior
to the patient’s right calf. The doctor suggested warm compresses
for 2 hours, 3 times a day and 2 aspirin every 4 hours. The doctor also
suggested knee-high stockings. The
doctor did not order any blood tests, ultrasound or other radiologic testing. Within five days, the patient’s
leg was throbbing, was sore to the touch, swollen and hot. A phone call
to the doctor resulted in comforting confirmation that the treatment was
correct. The doctor advised to take “a lot” of aspirin, remain
laying down as much of the time as possible, and again, to use warm, moist
compresses 2 hours at a time, 3 or 4 times per day. The doctor approved
the patient getting up and down to go to the bathroom, cook, walk the
dog, etc. At an office appointment a week later the patient continued
to have pain in her leg and was told to continue on the same plan. There
was no mention of any blood test, ultrasound or other evaluation. The
doctor advised the patient that this was not a deep vein clot and was
not of significant concern. In a week the patient was found deceased on
the floor of her kitchen. Her death certificate explained that she had
a “probable pulmonary embolism”. Unfortunately, the family
did not have an autopsy performed. For this reason, the case was not accepted
for litigation. In many instances it is difficult to successfully pursue
a claim for wrongful death if there is no autopsy.
