Misdiagnosed Cardiac Event & Negligent Hospital Staff Result in Financial Settlement

Misdiagnosed Cardiac Event & Negligent Hospital Staff Result in Financial Settlement

Misdiagnosed Cardiac Event & Negligent Hospital Staff Result in Financial Settlement 150 150 Panter, Panter & Sampedro
April 2019
Case of the Month:
A Misdiagnosed Cardiac Event and Negligent Hospital Staff Resulted in a Death and Eventual Financial Settlement
Andres Sousa* was a successful artist and musician in his homeland of Brazil. He had received national and international acclaim and had been the recipient of many awards throughout his lifetime. Approximately 25 years ago, he came to the United States with his young bride where he continued his studies and pursued his career. Eventually, they had two children who grew up to be successful adults in their own right.
With the children out of the house, it was now time for Andres and his wife Natalia to enjoy their lives together. After walking his dog, Andres felt some discomfort and upper gastric pain radiating down his left arm. He called fire rescue who transported him to a local hospital. There the emergency room physician noted that he had a family history of heart disease, in addition to his history of acid reflux. Nonetheless, the doctors could not rule out a cardiac event and an EKG was performed.
Eventually, Andres was discharged and sent home. Two days later, his pain resumed and became unbearable. He again was taken to the same local hospital where another emergency room physician treated him. Another EKG was done. This EKG came back as abnormal and suggested that Andres was suffering a heart attack. Regardless, the emergency room physician ignored this notation and did not order any type of cardiac workup. The emergency room physician instead thought that Andres was suffering from epigastric pain and was just having a bout of heartburn. He was admitted to the telemetry unit where the physicians could keep a vigilant eye on him.
Unfortunately, the nurses did not see the order for telemetry and put him in a regular room. Had Andres been admitted to telemetry, the floor nurse would have been able to see any changes to his vital signs.
When he was first admitted to the hospital, an advanced registered nurse practitioner came to see him instead of the admitting physician. The nurse practitioner failed to take an adequate history and did not review Andres’s medical chart which showed the family history of heart disease as well as the abnormal findings in the last EKG. Instead, the nurse blindly followed the suggestions of the emergency room doctor and admitting physician and attributed all of Andres’s complaint to heartburn.
That night, Andres was very uncomfortable and complained of a lot of pressure around his chest. His family visited him and promised to see him the next day. Unfortunately, later that night, Andres was found unresponsive. He had had a massive cardiac event and his heart stopped. Since the nurses had failed to monitor him, no one knew the distress his heart was going through.
The family was destroyed. Andres’s wife, Natalia, and their children came to see David Sampedro because of a recommendation by a family friend who was also an attorney.
David hired experts in the areas of emergency medicine, cardiology, internal medicine, nursing, and gastroenterology. David sent various health care providers a notice of intent to sue, which is required prior to initiating a medical malpractice lawsuit. During the pre-suit period, the attorneys for many of the health care providers admitted their responsibility and offered to participate in a non-binding pre-suit mediation. During that mediation, the majority of the health care providers agreed to immediately settle the case.
The others felt that they had no responsibility. Accordingly, David filed suit and the case was litigated. Eventually, the matter was resolved shortly after the case was set for trial. David was able to resolve the matter for a confidential sum of money.
There is no amount of money that can ever replace Andres and what he meant to his friends and family. Unfortunately, in cases of significant injury and death, our legal system can often to do little more than award monetary compensation to help the victims of negligence cope with their loss.The funds secured in this recovery will help Natalia plan for her financial future and grant her the freedom necessary to support, care for, and enjoy her family, including her grandchildren.
*Due to the confidentiality nature of the settlement, the names of the parties to the claim have been changed.
In The News
Brett Panter, a senior partner at Panter, Panter, & Sampedro and a highly-experienced pilot, was requested to join lifelong friend and fellow lawyer, Paul Finizio, in representing a passenger in a plane crash case. The victim was aboard a Piper Cherokee aircraft when it crashed shortly after take-off.
Guess who was representing his hometown in Rwanda? It’s our very own Mitch Panter! Mitch and his wife, Sherri, take a copy of the
Pinecrest Tribune issue featuring a beloved family friend, Grandma Ginger, with them throughout their various journeys across the globe. In February, they honored Grandma Ginger during their trip in Rwanda.
Brett Panter and David Sampedro Present at The Bench and Bar Conference
Brett spoke on the Bench and Bar Medical Malpractice Panel and David presented on Construction Litigation in FIU Bridge Collapse
In February, Brett Panter and David Sampedro presented at The Bench and Bar Conference: SuperStars in Trial & Appeal. Brett presented on the Bench and Bar Medical Malpractice Panel, and David discussed premises liability in the context of construction litigation in addition to discussing the ongoing FIU Bridge Collapse Litigation.
David represents one of the injured victims of this catastrophic collapse which occurred just over one year ago. At the time of the one-year anniversary, 19 lawsuits had been filed against at least 25 different parties. The litigation surrounding the FIU Bridge Collapse has been consolidated before one judge because of the many logistical challenges.
Panter, Panter & Sampedro has been representing the victims of negligence, including construction accidents leading to catastrophic injuries, for more than 25 years. For more information on Panter, Panter & Sampedro, P.A., visit panterlaw.com or call (305) 662-6178.
Upcoming Community Events
Band Together for Dade Legal Aid
We’re are very proud to continue our support for Dade Legal Aid by sponsoring the event, “Band Together for Dade Legal Aid” on Saturday, April 13!
You can purchase your tickets through the Dade Legal Aid website at dadelegalaid.org.
We look forward to seeing you there!
From Our News Room
The issue of paying medical bills is a major concern for individuals who have been injured in an auto accident or slip and fall accident. Mitch Panter talks about how bills are paid after an auto accident or slip and fall accident.
Did you know? Florida leads the nation for motorcycle fatalities. David Sampedro discusses different types of motorcycle insurance coverage and protections.
The fact that your doctor was negligent in and of itself does not mean you’re going to win your medical malpractice case. Learn about the two major factors that you must prove to win a medical malpractice case.
Panter, Panter, & Sampedro | 305.662.6178 | PanterLaw.com
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