Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Professional Liability

Kooi v. Defendant Emergency Room Physician

Client:

Defendant Emergency Room Physician

Outcome:

Defense Verdict

Synopsis:

The plaintiff, a 31-year-old male, contended that the defendant Emergency Room physician failed to properly diagnose and treat the plaintiff’s ischemic stroke after he presented to the emergency room with neurological symptoms.

The plaintiff claimed that the failure to diagnose the ischemic stroke deprived him of the opportunity to receive the drug TPA within the three-hour window of opportunity for giving the drug after the onset of symptoms.

The plaintiff requested approximately $6.3 million dollars from the jury and claimed that he suffers from left sided paralysis, seizure disorder and cognitive disorders as a result of the ischemic stroke.

The defense successfully argued that the defendant physician timely contacted the appropriate consultants and that the plaintiff was not a candidate for TPA during the three-hour window of opportunity because of the clinical suspicion of a subarachnoid hemorrhage.

After nearly three weeks of trial, the jury returned a verdict in favor of the defendant physician.