Starnes Davis Florie


Florie & Miller Obtained Defense Verdict for Family Practice Physician

October 26, 2011

Mike Florie and Joe Miller obtained a defense verdict for a defendant family practice physician in a wrongful death case. The patient was a twelve year old girl who presented to the emergency department with complaints consistent with gastroenteritis/stomach bug and dehydration. The emergency physician contacted the defendant and made arrangements for admission to the hospital. The defendant physician accepted the patient and made plans to see her later that afternoon. He arrived at the hospital approximately six hours later. The patient arrested and died. Autopsy revealed viral myocarditis. The plaintiff’s expert testified that the standard of care required the defendant to arrive at the hospital sooner, such that he would have recognized signs and symptoms of congestive heart failure and made arrangements to transfer the patient to another hospital with pediatric cardiology services. The defense presented expert testimony that the defendant met the standard of care and that the patient’s disease process, viral myocarditis, was fulminant in nature and not survivable with earlier transfer. The jury returned a defense verdict.

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