June 20, 2006

$4M for Failure to Diagnose Disease

An Atlantic County jury handed up a $4 million verdict on May 31 in a medical malpractice suit over a casino worker's fatal heart attack, but a high-low agreement will cap recovery at $800,000. Amilcan Rodriguez died while being airlifted from Newcomb Medical Center in Vineland to Presbyterian Hospital in Philadelphia for an emergency cardiac catheterization.

Rodriguez's estate sued their primary care physician Jodi Abramowitz and a consulting cardiologist Mahesh Ghayal. The jury found that for the 14 months Rodriguez was her patient, Abramowitz failed to diagnose his coronary artery disease. At one point, she diagnosed him as suffering from malignant hypertension yet sent him home.

But the jury also found Rodriguez 20 percent liable for having delayed a visit to the cardiologist for six weeks after Abramowitz told him to go.

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February 15, 2005

$4M for Headache Misdiagnosis, Stroke

A Middlesex County jury awarded $4 million on Feb 4 to a woman found to have suffered a brain-damaging stroke because doctors failed to order tests for her headaches. Over seven days in June 1996, Carlene Foster complained of headaches and vomiting to three doctors at HIP of New Jersey in Edison and to an emergency room doctor at JFK Medical Center, and on June 12, she suffered a stroke.

The jury found each doctor 25 percent liable. Superior Court Judge Yolanda Ciccone presided at trial. Foster's expert testified that a CAT scan, which would have shown pre-aneurysm bleeding, should have been ordered. The defense contended that her symptoms could have been attributed to migraine headaches and that the doctors did not deviate from standards of care by not ordering a CAT scan.

(This information was obtained from the New Jersey Law Journal)