David Young and Kaila Dorish Obtained a Defense Verdict in a Medical Malpractice Case in Polk County

David Young and Kaila Dorish obtained a defense verdict in a medical malpractice case tried in Polk County. The Plaintiff alleged that the Defendant failed to properly treat a 50-year-old male with complaints of chest pain for three weeks in the emergency room which led to his death 9 days later. The Plaintiff argued that the Defendant failed to take steps in the emergency room with an abnormal EKG, symptoms consistent with Acute Coronary Syndrome as well as improperly calculating the heart score. They also alleged a cardiology consultation was needed prior to discharge. Plaintiff took the position that the standard of care was to admit the patient for further evaluation or if he was going to be discharged, the discharge instructions should have been to follow up with his cardiologist the following day. The defense position was that the patient’s complaints were more than three weeks old, he was pain free at the time of assessment, and his symptoms were not consistent with Acute Coronary Syndrome. Further, the EKG was over-read by a cardiologist, who did not call the patient back in. On causation, the defense argued that the patient had died due to a pulmonary embolism and not due to cardiac ischemia.

The Plaintiff’s attorneys asked the jury to award $55 million dollars. Plaintiff had previously turned down some offers to settle prior to trial and rejected hi/low proposals entirely. After deliberating for approximately 5 hours, the jury returned a defense verdict finding no negligence and awarded no money damages. Plaintiff’s presentation focused largely on emotional appeals and aggressive questioning of the Defendant, who maintained that her care was appropriate. This case is an example of the importance of defending medicine where there is a meritorious defense even in the face of emotional loss and that juries can reach findings of no negligence and no money damages where the medicine supports it.