Lou La Cava and David Young Obtained a Defense Verdict in Pasco County in a Medical Malpractice, Wrongful Death Case
Lou La Cava and David Young obtained a defense verdict for an emergency room physician and her employer in Pasco County in a medical malpractice, wrongful death case. The Plaintiff alleged the doctor, who was board certified in family practice and not emergency medicine, acted with reckless disregard in her care of the Plaintiff. The Plaintiff arrived at the hospital neurologically intact but with a severe headache. The Plaintiff alleged a delay in diagnosing the patient’s subdural hematoma and further a delay in transferring to a hospital that had neurosurgery services since the community hospital did not have a neurosurgeon. Three hospitals turned down the transfer and the Plaintiff alleged the physician recklessly chose the wrong hospitals to call and did not see to it that the task was performed timely. They further argued the physician did not order fresh frozen plasma soon enough so the patient could receive it before transfer. The Plaintiff ultimately had a brain herniation and surgery was unsuccessful. The defense countered that the physician did in fact make the diagnosis timely and got the FFP ordered in time although it was not ready to infuse into the patient until after he left by helicopter. The defense further argued that looking at the care regarding transfer prospectively, the physician followed an appropriate plan to try and get the patient transferred. The defense also argued that earlier transfer or earlier infusion of FFP would not have prevented the death. The Plaintiff asked the jury to award more than 13 million dollars in damages. After just less than an hour and a half of deliberations the jury came back finding that the physician did not act with reckless disregard in her care of the patient and a full defense verdict in the physician’s favor.