Note: This is from May issue of
Medical Malpractice Insights
(see link for full-story)
"Error" results in $11.8 million verdict, $4 million against the doc who signed the
PA's chart
==========
**Hernandez v Morton Plant Hospital et al. – Florida**
**Facts** : A 17 yo male goes to the ED with pain around his R eye. A PA diagnoses
and treats conjunctivitis. The attending physician signs the chart. Four months
later the plaintiff has a ruptured cerebral aneurysm, undergoes emergency surgery,
but suffers brain damage with L sided weakness and seizures. He requires a
caregiver. An attorney is consulted and a lawsuit filed.
**Plaintiff** : The doctor never saw me. My problem was more than just "pinkeye."
You should have asked me more questions. Your history and exam were inadequate. A CT
would have found the aneurysm behind my R eye, and it could have been fixed before
it ruptured.
**Defense** : You did have conjunctivitis. The diagnosis was correct. You had no
symptoms of an aneurysm, not even a headache. If you did have a headache, you should
have told us. No reasonable provider would have done a CT under the circumstances.
**Result** : Jury verdict for $13.2 million (30% each for PA, MD, hospital) reduced
by 10% to $11.88 million because patient was a poor historian. (DUH!)
**Takeaways** :
\* This is a really spooky case. How does one confuse conjunctivitis with the
sentinel headache of a cerebral aneurysm?! There's got to be more to this story.
\* A now-disabled teenage plaintiff makes a compelling "victim" on the witness stand.
\* Remember, we are liable for the care of our PA's. Even though the physician never
saw this patient, he was responsible to the tune of almost $4 million.
**Source** :
Verdict Search (
Wrong diagnosis caused teen’s brain damage, plaintiff alleged | Verdict Search )
**Reference** :
Bernard CD. Physician liability for the actions of midlevel providers. Medical
Economics, Feb 18, 2015. (
Physician liability for the actions of midlevel providers )
