The Fitzsimmons Law Firm recently settled a medical malpractice wrongful death lawsuit for $1 Million which represented the full policy limits of the defendant doctor. The plaintiff's decedent was a 52 year old security guard. He went to the emergency room with signs and symptoms of sinusitis. The defendant doctor prescribed the plaintiff's decedent the antibiotic Levaquin and subsequently discharged him. During the next three days, the patient had considerable vomiting, including vomiting when taking his prescribed medication. The patient went back to the hospital on the third day complaining of frontal and temporal pain and of vomiting approximately 10 times per day for 3 consecutive days. The defendant doctor, an emergency physician, discontinued the antibiotic. The Fitzsimmons Law Firm employed expert physicians in the field of emergency medicine, infectious disease and neurosurgery. These experts testified that the defendant doctor deviated from acceptable standards of care and committed medical malpractice by discontinuing the antibiotic, failing to prescribe an alternative antibiotic, failing to admit the patient to the hospital, failing to refer the patient to an expert in otolaryngology or an ENT physician, and failing to order a CT scan. Following the second visit, the patient was sent home and found unconscious two days later at his house. The patient lived for five day before dying as a result of a massive infection in his brain. The medical malpractice wrongful death case settled for the full policy limits of the doctor's insurance policy which was $1 Million.
DISCLAIMER: Verdicts and Settlements are listed on this website for informational purposes only. Future verdicts and settlements or settlements cannot necessarily be predicted from prior results. Fitzsimmons Law Firm PLLC makes no guarantee that the same results could be obtained for other clients in similar matters. Each case depends on its own unique facts, strengths and weaknesses, severity of damages/injuries, credibility of witnesses, availability of insurance coverage, and many other facts that can affect a claim's verdict and/or settlement amount. Because of this, you cannot assume that the same result would occur for you in your state under the particular facts of your case.