Legal Alerts

Charles Smith, et al. v. Jeffrey Harvey, M.D.

Brian Burge and Stacey Dowd recently obtained a complete defense verdict on behalf of an ER physician in a wrongful death case filed in St. Francois County, Missouri.  The defendant had been accused of negligence in the care and treatment of a 69-year-old wife and mother suffering from an iliofemoral deep vein thrombosis.  The defendant-physician accurately diagnosed the patient’s condition, provided appropriate anticoagulation therapy and discharged the patient to follow up with her primary care doctor the next morning.  The defendant also spoke with the patient’s PCP who agreed with the plan of care.  At the time of discharge, the patient was completely stable with no signs or symptoms of impending pulmonary embolism.  Shortly after discharge, the patient decompensated and was rushed back to the hospital where she died that same day from what was presumed to be a massive pulmonary embolism.  After one hour of deliberation, the jury returned a verdict in favor of the physician on all claims.