David S. Nelson Obtained A Defense Verdict In A Wrongful Death Case In Pinellas County

David Nelson obtained a defense verdict for a Hospital in a wrongful death case in Pinellas County. The Plaintiff alleged that the Hospital’s employee cardiologist was negligent in failing to send the patient to the emergency room for an emergency cardiac catherization following the results of an exercise stress test. The stress test revealed some ST depression in the recovery phase of the stress test. Following the results of the stress test, the cardiologist recommended and emphasized the importance of undergoing a cardiac catherization. The patient refused this recommendation. Based on the patients refusal, the cardiologist attempted to get more information and recommended that the patient at least undergo a lexiscan stress test. The cardiologist also consulted the patients primary care physician in an attempt to try to have her persuade the patient to undergo the cardiac catherization; the patient again refused the primary care physician’s attempt. The patient passed away a week later. The defense argued that the cardiac catherization was not emergent and that the lexiscan was an appropriate alternative in light of the patients documented refusal. Furthermore, that the ST depression in the recovery phase was a result of the patients longstanding uncontrolled high blood pressure and accordingly, due to left ventricular hypertrophy. During closing arguments, the Plaintiff asked the jury to award in excess of $14 million in non-economic damages. After a 5 day case and less than 2.5 hours of deliberation, the jury returned a verdict finding that the cardiologist was not negligent.