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Wrongful Death, Medical Malpractice
The decedent’s medical history included a myocardial infarction with a triple bypass, obesity, and continued smoking, even after his first MI, despite being warned by his physicians to stop. On August 11, 2006, the decedent presented to the defendant’s office with complaints of chest pain for approximately 2 days. At that visit, the doctor, who was aware of the decedent’s medical history, presumed the chest pain was caused by GERD so he changed the decedent’s GERD medications and sent him home – he did not perform an EKG or any other cardiac work up to rule out a cardiac cause for the chest pain. The next morning, on August 12, 2006, the decedent, after smoking a cigarette, called the defendant again and complained of chest pain as well as other symptoms, including sweating, nausea, dizziness, and a funny feeling in his elbows. The decedent described his pain as an 8 at the time of the phone call, but stated it had been as bad as an 11. The defendant’s office made an appointment for the decedent to come into the defendant’s office and see a physician later that day. The defendant did not call 911 or instruct the decedent to call 911. A couple of hours later, before his appointment, the decedent passed away from a myocardial infarction.
The decedent was 60 years old and worked full-time earning approximately $125,000/year. The beneficiaries were the decedent’s wife and two adult children.
