Starnes Davis Florie


Starnes Attorneys Florie & Miller Obtain Defense Verdict in a Medical Malpractice Wrongful Death Trial

February 2, 2016

Mike Florie and Joe Miller obtained a defense verdict for an emergency physician in a case alleging negligent failure to diagnose aortic dissection, resulting in death of a 29 year old man. The case involved allegations of negligent failure to obtain a CT scan to rule out aortic dissection. The plaintiff put on an expert witness in emergency medicine, who testified that the defendant physician breached the standard of care by failing to order a CT scan, which would have made the diagnosis of aortic dissection. The plaintiff also put on an expert witness in thoracic surgery, who testified that, if the diagnosis had been made, the patient had an 85% chance of successful surgery, which would have allowed him to survive. The defense put on an expert witness in emergency medicine, and called the interpreting radiologist to testify. After five days of trial, the jury returned a defense verdict in favor of the emergency physician.

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