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Virginia Attorneys > Blog > Medical Malpractice > Bad Gas Diagnosis Leads To Wrongful Death Lawsuit

Bad Gas Diagnosis Leads To Wrongful Death Lawsuit


You’d be surprised how many patients are discharged from a hospital with a diagnosis of bad gas only to find out later that they have a heart condition. MichieHamlett successfully resolved a similar case in 2020 in which a doctor discharged a patient from the hospital with discomfort from bloating, offered him medication that helped with the bloating, only to have the patient die of a massive heart attack days later when it turned out their abdominal discomfort was actually a heart condition. The patient was also offered medication for their gas pain which was a risk factor for developing heart attacks. Our attorneys sued and won a settlement for the patient’s estate.

This is a similar story.

Patient Diagnosed With Bad Gas Dies of Pulmonary Embolism 

The patient was scheduled for lap band surgery (similar to gastric bypass) and underwent the procedure successfully. However, she informed her doctor that she was experiencing chest pain. The doctor told her it was probably just bad gas but did not run any further tests to confirm that there wasn’t something more serious happening. The patient died a week later of a blood clot in her lung.

The estate of the descendant filed a lawsuit against the doctor. They retained the services of a company that offers expert medical witnesses for medical malpractice lawsuits. Just before jury selection occurred, the medical expert withdrew from the case. The case was dismissed because the legal team representing the plaintiff could not produce an expert witness to testify on her behalf.

The estate then sued the expert witness company for professional malpractice alleging that their conduct had tanked their case. The estate also filed suit against their own lawyer for failing to secure another expert witness in a timely fashion.

Here is something that you need to know. You will only get one chance to litigate or settle your medical malpractice lawsuit. After that, the interests of judicial economy take over and the case is dismissed with prejudice. The plaintiffs also asked that the lawsuits against the two parties, the medical consulting firm and the attorney be bifurcated or severed into separate claims. Again, in the interests of judicial economy, that motion was denied.

What Will Happen to the Plaintiff’s Suit? 

Lawyers, just like doctors, carry professional malpractice insurance. The malpractice insurer will take up the claim for the former plaintiff’s attorney. The plaintiffs will secure another attorney to try the case. If a jury would believe that professional malpractice led to the dismissal of the plaintiff’s lawsuit, the lawsuit can be converted into a separate action against the attorneys and those hired to work on their behalf. So the plaintiff’s estate may still get their money, but they’ll have to do it differently. Meanwhile, the doctor and hospital are completely off the hook.

Talk to a Virginia Medical Malpractice Attorney Today 

If you’ve been injured by the negligence practice of medicine, you can file a lawsuit against the doctor, hospital staff, or the hospital itself. Call the Virginia medical malpractice attorneys at MichieHamlett today to schedule a free consultation and learn more about how we can help.

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