Defense Verdict In A Medical Malpractice Wrongful Death Case Tried In Hillsborough County

Lou La Cava and Brett Gliosca obtained a defense verdict in a medical malpractice wrongful death case tried in Hillsborough County. The plaintiff alleged that a family practice physician was negligent in failing to diagnose pneumonia and not sending the patient to the hospital for emergency treatment resulting in his death about 36 hours after an office visit. The defense argued that the care and treatment provided based on the diagnosis met the standard of care. It was further argued that it was not a severe pneumonia that led to his death. Instead, more likely than not he dies from an arrhythmia due to underlying hypertensive heart disease. After a 6 day trial the jury returned a verdict finding there was not negligence on the part of the physician that was a legal cause of the patient’s death.