Darki v. Defendant Emergency Room Physician

  • Circuit Court of Cook County, Illinois (Judge Gerald Flannery)11/24/2009
    Client: Defendant Emergency Room Physician
    Outcome: Defense Verdict

Synopsis:

Plaintiff, a pediatrician, alleged that the defendant, an emergency medicine doctor, failed to diagnose an ST elevation MI, and failed to call for an emergent angioplasty, resulting in a claim of extensive heart damage and disability from the plaintiff's further practice of medicine.

Defendant demonstrated that the patient did not meet criteria for an acute STEMI, and that the patient's infarct had begun the day before, when the patient began to experience epigastric pain. Thus, the patient was outside the window for effective intervention via angioplasty. Of note, the pediatrician was on staff at the hospital where the allegedly negligent treatment had taken place, and had actually served on hospital committees with the defendant doctor.

The plaintiff asked for $2.5 million in damages. The defendant emergency medicine physician, along with a hospitalist and a cardiology consultant, were all acquitted by the jury after a three-week trial.