Wednesday, September 10, 2014

ATTORNEY CHARLES WARE --- MARYLAND "BEST 10," "U.S. Super Lawyer": PRIMARY CARE MEDICAL MALPRACTICE

www.CharlesJeromeWare.com.  "Here to make a difference."

$8,008,500.00 VERDICT  – MEDICAL MALPRACTICE – PRIMARY CARE – FAILURE TO DIAGNOSE MENTAL HEALTH PROBLEMS – FAILURE TO REFER FOR PSYCHIATRIC CONSULTATION – WRONGFUL DEATH – MURDER-SUICIDE OF HUSBAND AND WIFE.
 
In this medical malpractice matter, the plaintiff executor alleged that the defendant primary care physician and his medical group were negligent in failing to diagnose the decedent’s mental health problems and failing to refer the decedent for psychiatric consultation. The decedent killed his wife and then committed suicide. The defendants denied that there was any deviation from acceptable standards of care and disputed causation.

The 45-year-old male decedent had treated with the defendant’s medical group since he was a young man, for a period of at least 20 years. He was the patient of the defendant primary care physician for the immediate ten years preceding his death.
 
The decedent went to the defendant physician on April 9th, April 17th, May 1st and May 22nd with complaints of persistent insomnia, anxiety, sadness, difficulty concentrating and feelings of panic and guilt which he attributed to marital problems.

The defendant physician prescribed the patient both Ambien and Lunesta for sleep problems and prescribed the anti-depressant medications Paxil and Pristiq for their sleep inducing qualities as opposed to their anti-depressant qualities. The defendant physician failed to diagnose the decedent with depression and did not refer him to any mental health professional for further evaluation or treatment.
 
In June, the patient killed his wife and then committed suicide. The couple’s minor children were in the home at the time of the incident.

The plaintiff executor brought suit on behalf of the estate and the minor children alleging that the defendant primary care physician and his medical practice were negligent in failing to diagnose the patient’s mental health problems and in failing to refer the decedent for psychiatric evaluation. The plaintiff executor contended that the defendant’s negligence was the sole cause of the decedent’s suicide. The plaintiff contended, through expert testimony, that the terminal insomnia that the patient was suffering was a red flag for depression and warranted action on the part of the physician. In addition, the plaintiff’s experts maintained that since the decedent readily admitted that his symptoms appeared to be related to his marriage difficulties, talk therapy would have been appropriate and should have been recommended by the defendant physician.

The defendants denied the allegations. The defendants maintained that there was no deviation from acceptable standards of care. The defendants maintained that the decedent was prescribed medication to assist with his insomnia. The defendants contended that the decedent did not give any indication that he was suicidal and he didn’t say much to the defendant or the APRN that saw him during this period of time. Additionally, the defendants disputed causation. The defendants contended that their last contact with the patient was on May 22nd and the suicide occurred approximately one month later in June. The defendants argued that the suicide occurred after the decedent learned that his wife had been having an affair and was as a result of that news and not related to anything that the defendants did or did not do in their care and treatment of the patient.

The matter proceeded to a bifurcated trial.
 
At the conclusion of the two week trial on liability, the jury deliberated for approximately two days and returned its verdict in favor of the plaintiff and against the defendants. The jury found that the defendants were negligent in failing to obtain a thorough history from the decedent, in failing to conduct an adequate psychiatric review of systems and failing to perform an adequate psychiatric and/or psychological evaluation. They also failed to diagnose the decedent’s clinical depression and failed to refer the decedent to a psychologist and/or psychiatrist.

The matter then proceeded to a day-long trial on damages. At the conclusion of that trial, the jury deliberated approximately two hours and returned its verdict in favor of the plaintiffs and against the defendants, awarding the total sum of $8,008,500.00 in damages.
 
[see, JVRA September MEdical Expert Update (newsletter@tortlitigator.com); Wed., 9/10/14/Verdict of $8 Million-Primary Care Malpractice/Waterbury County, CT (191906)]

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