Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
INJURIES: Garvey died from a stroke. Her husband and children sought recovery of non-economic damages of between $400,000 and $500,000. The plaintiffs sought recovery of damages for future loss of parental guidance, future loss of companionship, future loss of financial support and funeral expenses.
Facts:
In December 2002, plaintiffs’ decedent Pamela Garvey, 74, began cardiology care with Dr. Neil Lemons. Garvey underwent a coronary angiography with stent placement, coronary artery bypass graft surgery and pacemaker placement.
Garvey had multiple medical risk factors including hypertension, hypercolesteremia, diabetes and peripheral vascular disease. She also had a stroke of the posterior cerebral artery distribution in December 2000.
After attending regular visits with Lemons in 2003 and 2004, Garvey didn’t attend office visits in 2005. In 2006, she indicated that she was no longer willing to take statins, aspirin or undergo treadmill examinations. She chose to take medications prescribed by her primary care physician, including L-Arginine for her high blood pressure and hypercholesteremia, and Byetta for diabetes.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In November 2006, Garvey developed atrial fibrillation. She refused to take an anti-coagulant, Coumadin, to protect her against risk for atrial fibrillationstroke due to a history of nosebleeds.
Lemons saw Garvey on Dec. 27, 2006. Due to Garvey’s risk of stroke, he recommended Coumadin, a commonly prescribed anti-coagulant, but she allegedly refused. He documented her refusal to take Coumadin or to undergo further cardiac testing. He referred her to an electrophysiologist to determine if cardiac ablation would be an acceptable treatment. Garvey reportedly did not pursue this option.
Lemons then advised Garvey on the potential of a cardioversion to restore her heart rhythm to normal, with the intent of symptom relief and stroke risk reduction.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.