DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Plaintiff presented to defendant with complaints of severe and aching pain radiating over the left shoulder and down the left arm and around to the chest. Plaintiff complained that these symptoms had a duratin of two months, however, worsening on the date of the visit. Plaintiff also complained of experiencing shortness of breath and the pain being worst when reclined. Defendant performed a limited exam, palpating plaintiff's musculature. X-rays of the neck and thoracic area were ordered and taken. On said date the defendant's assessment of the plaintiff was left shoulder and/or upper back pain, prescribed Flexeril and told the patient to return as needed. Approximately one month later, plaintiff again presented to defendant complaining of pain in the shoulder and arm. Plaintiff complained that she could not breath while laying down, complained that she presently could not catch her breath. She also had a resting pulse rate of 104 (resting tachycardia). The defendant performed a limited exam by palpating the plaintiff's musculature and assessing her range of motion. Defendant's assessment of the patient was muscle spasm and pain in the left shoulder and upper back. Plaintiff was given a prescription for Loricet, Naprosyn and Skelaxin and told to return as needed, and to follow up with an orthopaedic physician. The next day plaintiff suffered a myocardial infarction with attendant heart failure and hypoxic ischemic encephalopathy. It was plaintiff's position that the defendant failed to take an adequate history as to the duration, onset of symptoms and relationship to rest or activity; that defendant failed to investigate a cardiovascular etiology to the plaintiff's complaints, including osculation for heart sounds, pulse oximetry, obtaining EKGs and blood tests; and failed to refer plaintiff for a cardiac consult or admission for stabilization and evaluation. The values of the muscle enzymes demonstrated that had the defendant provided good medical care to plaintiff and had intervened, the plaintiff could have avoided the damage to her heart although she would still have required bypass surgery.
