Failure to timely diagnose and treat leads to $1,000,000 settlement
Doe v. Doe Pediatricians
In 2012, the parents of a 16 year-old child took her to Doe Pediatrician group due to a history of fever for a few days, coughing and an episode of vomiting. The child was not prescribed antibiotics nor was any blood work done. The parents brought the child back to the group
the next morning and saw a different physician with continued symptoms and again were sent
home without any prescription, blood work or referral to the emergency department. On the following morning, the child was found sitting on her couch unresponsive and not breathing. Paramedics were called but could not resuscitate her. An autopsy was performed which confirmed the child died of pneumonia with sepsis due to influenza which would have been responsive to antibiotics. Experts were retained to review the records and opined the defendant group was negligent for failing to timely treat symptoms suggestive of an acute illness and possible pneumonia and sepsis. The experts further testi ed the child needed immediate lab work, chest x-ray, and referral to an emergency department. Partner, Kevin C. Smith, litigated the case and was able to achieve a $1 million dollar policy limit settlement on behalf of the parents.