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News
Firm Defends Family Physician Accused of Failing to Properly Treat Congestive Heart Failure
Date: 10/15/2009
D. C. Offutt, Jr., obtained a defense verdict in the Mercer County Circuit Court for a family practitioner accused of failing to properly treat congestive heart failure. The patient presented to her family physician complaining of wheezing for 5 days with a dry cough and shortness of breath. A chest x-ray ordered by the physician revealed mild congestive heart failure. The physician prescribed Lasix for the patient. Two days later, the patient presented to a local hospital complaining of chest pains. She was diagnosed as suffering from a myocardial infarction and was transferred to a tertiary treatment facility where she passed away. The patient's family alleged that the physician's failure to immediately hospitalize the patient for treatment of her congestive heart failure was a proximate cause of her death. Through expert and treating physician testimony, the defense was able to establish that the patient's congestive heart failure was mild and did not require hospitalization for treatment. The defense also established that the cause of death was an acute myocardial infarction unrelated to the congestive heart failure. After four days of testimony, a jury returned a unanimous verdict in favor of the defendant physician. Civil Action No.: 06-C-704, Circuit Court of Mercer County, West Virginia.
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