Facts

The patient, 48, had an aversion to seeing physicians. He had not seen a physician in 20 years, at which point he saw Dr. Roe, a family practitioner in 2006. He was found to be hypertensive and was advised to modify his diet, to exercise, and to monitor his blood pressure, and to return to the office in four weeks, which he did not do.

On May 4, 2010, while walking with his wife on the beach, he suffered a syncopal episode. He passed out briefly, and began walking again, only to pass out briefly again. Paramedics were summoned, but the patient refused medical care. His blood pressure was noted to be 180/100.

The patient did present to Dr. Roe on May 5th, and related the events of the previous day. He was found to be hypertensive. Dr. Roe did an EKG, which was normal, and prescribed hydrochlorothiazide and lisinopril for his blood pressure, but provided no workup for the syncopal episodes.

On the morning of May 9th, the patient expired. An autopsy reported the cause of death as a probable arrhythmia.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that accepted standards of care required that Dr. Roe appreciate that the syncopal episodes were probably cardiac in etiology, and that decedent needed to be seen by a cardiologist urgently. The standard of care required either referring him on the morning of May 5th to a cardiologist, or, if none were immediately available, sending the decedent to the emergency room.

Plaintiffs also contended that a cardiac workup would have included an echocardiogram and telemetry monitoring, which would have revealed the arrhythmia, such that the fatal arrhythmia, in all medical probability, would have been prevented had he been placed on the appropriate medications.

DEFENDANT'S CONTENTIONS:
Defendant argued that, prospectively, decedent's presentation did not appear to be cardiac in etiology, and it was reasonable and within accepted standards to treat him as Dr. Roe did. Moreover, defense argued a referral to a cardiologist within decedent's HMO coverage would not have taken place until after May 9th.

Damages

His wife of 21 years, as well as a 21-year-old daughter, and 15-year-old son survive the decedent. He worked as an ultrasound supervisor at a hospital, earning approximately $120,000 annually. The present value of economic damages totaled $1.7 million.

Result

The case settled for $1 million (policy limit) at mediation before Andrew Albert, Esq. at Judicate West.