Hinkle Law Firm LLC Medical Malpractice Win

September 27, 2022

Hinkle Law Firm LLC attorneys Greg Young and Brian White had a recent jury trial victory! The lawsuit involved claims of wrongful death of a 41-year old female from a saddle pulmonary embolism. Plaintiff alleged that the patient’s primary care physician failed to order appropriate testing to diagnosis and treat a deep vein thrombosis in the left lower extremity, which ultimately led to the embolism and near sudden death. Key facts included evidence that the defendant physician did not actually see or treat the patient.  Instead, the physician would have reviewed and co-signed a note prepared by the treating physician assistant. The physician assistant recommended initial conservative treatment with follow-up in a week if the patient’s leg pain had not improved. Approximately three weeks later, the patient sent a portal message to the defendant physician stating she was not feeling well and wanted to speak about it at her next appointment, but the patient did not request specific action at that time. Defense counsel presented the testimony of the physician assistant, the defendant physician, and two standard of care experts. After 8 ½ trial days, including jury deliberations, the jury returned a unanimous verdict in favor of the defendant physician.