Mr. Dunning had a history of blood clots and wore a compression sock to prevent a re-occurrence. The Tarrant county court heard testimony that Mr. Dunning went to the doctor's office complaining of swelling in his right foot, as well as pain and weakness in the leg. Dr. Goldman never removed the compression sock to examine the painful leg, and only spent 10 minutes consulting with Mr. Dunning. He scheduled a sonogram for the following day, after which Mr. Dunning returned to the doctor's due to a back problem. Mr. Dunning collapsed while waiting for the doctor, and died from a massive pulmonary embolism.
A pulmonary embolism occurs when a blood clot in the leg or pelvic areas becomes loose and is carried through the blood stream to the lungs, where it lodges again and blocks crucial arteries. People with a history of DVT, or deep vein thrombosis, are at high risk, as are elderly people who often experience prolonged bed rest. Effective treatment is almost always possible if the original clot is found in time.
Attorneys for the family said Mr. Dunning's symptoms were classic indications of a blood clot, a condition that should have sent him for immediate testing and treatment.
Despite testifying that he had taken "unacceptable risk" when delaying tests, Dr. Goldman stated in court that he would not act differently given the same circumstances.
"When jurors hear testimony like that, they respond accordingly," said Attorney Mr. Guajardo says. "Mr. Dunning's family is pleased with this verdict and hope
it sends a strong message to the medical community that doctors need to listen to their patients."
The Tarrant County jury deliberated for about 6 hours over the course of two days before returning the verdict on December 4th. Mr. Guarjardo, who represented the patient's wife and three adult children, called the case heartbreaking.
"It's hard for them because his death was unnecessary. Mr. Dunning would be here today if proper procedures had been followed."
Source:
Law Offices of Frank L. Branson, Jury Awards $5.25 Million Malpractice Verdict Against Fort Worth Doctor, PR Newswire
Published by Marissa Mason
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