Plaintiff presented to the emergency room with complaints of severe chest pain and shortness of breath. Chest x-rays were abnormal and showed patchy infiltrates. The plaintiff had recently had an upper respiratory infection for which the defendant physician had prescribed antibiotics.
At the emergency room, plaintiff was given a provisional diagnosis of pneumonia and sent home by the attending E/R physician. Plaintiff saw defendant physician the next day in her office and her condition was much improved.
Three days later plaintiff called the defendant physician to report her chest pain was now located in a different area and an appointment was set. However, plaintiff was found unresponsive at home the morning of set appointment and pronounced dead at the hospital.
The jury returned a verdict in favor of the defendant.