The Tri-City Herald has reported that a woman will be able to proceed with a lawsuit against three doctors and a medical facility, for negligence due to their inaction in treating her correctly for stroke following a car accident in 2004.
The Supreme Court's majority ruling overturns an earlier ruling from 2009 made by a Benton County Superior Court judge.
In 2009 the judge contended that the there was not enough proof that the woman, L.M., would have had a better outcome if her doctor's treatment would have been done any differently.
L.M., 68, is permanently brain damaged from the car accident-induced stroke that has left her with up to a one third of her brain tissue destroyed. According to the Supreme Court's majority opinion, L.M. suffers with limited motor control, sensation and spatial reasoning.
The family states that "negligent treatment by her health care providers diminished her chances of avoiding or greatly minimizing her disability."
Named in the suit are Dr. D.C.G., Dr. B.J.D. and Dr. B.W.II. Emergency doctors at Kadlec and Northwestern are also named.
The suit states that following an August 31, 2004 car accident L.M. was improperly and untimely diagnosed.
At the time of the accident, L.M. - unconscious due to a hypoglycemic problem - drove her vehicle east on Gage Boulevard haphazardly hitting other cars before driving onto a sidewalk, bushes, light pole and narrowly missing a cyclist.
L.M., with some cuts on her face, was taken by ambulance to Richland's emergency room where she was overseen by Dr. D.C.G.
Dr. D.C.G. authorized a neurological test and a bran scan. Though the results came back as normal, the suit states, "(L.M.) reported and was observed to have neurological symptoms, including being wobbly on her feet and having severe pain after being administered pain medication."
Dr. D.C.G., allegedly in a phone call with L.M.'s son, who is also a physician, said that he would order another neurological test before releasing the patient. Instead, Dr. D.C.G. sent L.M. home with a prescription, failing to have the second test performed.
The family stated that L.M. was unable to walk to the car by herself, once home she had to be carried to her bed and was lethargic. Contending that they were not sent home with any specific instructions as to what to expect following L.M.'s head injury, the following day they called for another ambulance to take her back to the hospital as her complaints were unchanged.
Dr. B.J.D. that was the physician in charge of the emergency room that second time, and saw L.M. about two hours after she arrived. He diagnosed her with having a stroke. An MRI exam confirmed Dr. B.J.D.'s opinion, but, per documents, he failed to provide treatment or therapy.
L.M. was then placed under Dr. B.W.II's watch in an intermediate care unit.
L.M.'s two sons, both physicians, arrived at the hospital, and over concern for their mother's health, asked both Dr. B.W.II and Dr. B.J.D. to order a CT angiogram. Hours later, after several pages, the doctors had the test done. Another 90 minutes after the test was completed, a carotid artery was discovered.
No therapy or treatment, again, was immediately ordered. Aspirin ordered at 2 p.m. allegedly arrived at 6 p.m. It was then that L.M.'s two sons had her moved to Harborview Medical Center as she had only been given treatment "far below the recognized standard of care."
The opinion reads, "(L.M.) would have had a 50 to 60 percent chance of a better outcome. The better outcome would have been no disability or, at least, significantly less disability."
If you suspect that your loved one has been the unwitting victim of negligent care by a physician, or medical facility, you may have grounds for a lawsuit. Contact a medical malpractice attorney from our directory to discuss your case.