Another Defense Verdict for RFBN

RFBN partner Scott Nelson successfully defended two internal medicine physicians against claims of negligence in the treatment of neck pain that began when the patient thought he swallowed a chicken bone. After receiving emergency care, primary care and an ENT consultation for throat pain, the patient developed infection, a pseudoaneurysm, and suffered a stroke after surgery. Plaintiff’s lawsuit alleged that the defendants were negligent in failing to immediately admit the patient to the hospital; failing to order an emergent CT scan; failing to order an emergent surgical consult; and failing to prescribe IV antibiotics. As a result, the patient developed a pseudoaneurysm, which led to a stroke and need for rehabilitation. The physicians denied that their care and treatment was negligent and denied that any claimed act or omission on their part was a proximate cause of the plaintiff’s claimed injuries, contending that nothing in the patient’s presentation required immediate hospitalization, an emergent CT scan, an emergent surgical consult or IV antibiotics. The plaintiff sought in excess of $2 million, but the jury returned a verdict in favor of the defendants on all counts.