Case Examples

Radiology Malpractice – Failure to Properly Interpret CT Scan: Stokes v. Swofford, et al.
Sommers Schwartz attorney Kenneth Watkins filed a wrongful death lawsuit on behalf of the estate of a 24-year-old married woman who died after suffering acute ...
  • Emergency Room Malpractice: Confidential $2.45 Million Settlement in Case Alleging Stroke Misdiagnosis

Sommers Schwartz attorneys Judith Susskind and Dina Zalewski secured a confidential $2.45 million settlement for a man who suffered permanent disability after suffering a stroke.

According to the allegations, the plaintiff presented to the defendant hospital’s emergency room complaining of numbness, weakness on his left side, difficulty talking, hemiparesis, and altered sensation. The defendants failed to perform a proper work up, and failed to arrange for a stroke specialist and/or a neurologist to see him. Instead, the man was discharged home with a diagnosis of “anxiety” and “TIA.” He still had symptoms of a stroke when he was sent home.

That evening, the plaintiff returned to the ER with the same complaints. Although he was kept under observation for nearly 12 hours, the patient received no treatment for his stroke. Stroke specialists were not consulted. Because of the failure to properly diagnose and treat his condition, the plaintiff continued to deteriorate. He was finally transferred to a different hospital for the more sophisticated stroke care that he needed, but it was too late. Although surgery was done to successfully retrieve a clot in his brain, the damage was already done. 

The plaintiff claimed that because of the defendant’s professional negligence, the diagnosis and treatment of his stroke was significantly delayed, resulting in severe and permanent injuries and disability. He lost the ability to move the left side of his body, and he will never be able to stand or walk. His speech is severely impaired. The plaintiff can no longer care for himself, and he is now a permanent resident of a skilled care facility. Had the defendants acted properly to timely assess, diagnose, and address his complaints, the plaintiff would have benefited from modern stroke treatment, and he would not have suffered the severe and permanent injuries that have caused him to require life-long care.

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