Facts

Plaintiff Milton Holland is in a persistent vegetative state, and has been so since July 2012. In April of that year, he was involved a single vehicle motorcycle accident where he went over the handle bars. Plaintiff refused to go to the hospital at the scene and rode his motorcycle home. Two weeks later, he went to the emergency department at St. Mary's Medical Center where he was seen by Matt Cantrell, P.A. Plaintiff reported to him that he had left leg pain as a motorcycle fell over on his leg. He also reported a headache that was improving. The hospital record stated that he had been in a motorcycle accident, but that information was not transmitted to Cantrell.

A head CT was offered due to the patient's age (70) and headache, but refused by plaintiff. He was discharged with instructions to return if the symptoms worsened.

In July plaintiff returned to St. Mary's Medical Center with complaints of weakness and incoordination. A CT was done and large subdural hematomas were seen. Plaintiff was transferred to Arrowhead Regional Medical Center where drains were placed the day after admission. They did not work, and thus a day later, plaintiff was taken to surgery for craniotomy. There was a spike of systolic blood pressure at the end of the case. He went to the PACU intubated, and was not recovering as expected.

Within two days of his surgery, plaintiff's Glascow Coma Scale had declined from a normal of 15 to 6, and then 4, and then 3. He has never regained any neurologic function, and remains intubated and fed by G-tube.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that there was a failure to secure an informed refusal, and that there were several violations of the emergency group's policies and procedures as to documentation and what patients should be told if there was a refusal of treatment.

DEFENDANT'S CONTENTIONS: Defendant claimed that the care was appropriate based on the history and presentation of plaintiff in April 2012, and the refusal of the patient to have a head CT as suggested. Defendant stated that based on the information on hand and the aftercare instructions the standard of care was met.

Specials in Evidence

Meds: $1.4 million $870,000 $312,000

Result

The jury rendered a defense verdict.

Deliberation

two days

Poll

12-0 (defense)

Length

11 days