Mike Nakamura and his team obtained a confidential settlement for the family of a 62-year-old man who passed away as the result of medical malpractice. The patient had been ill for several weeks and had not improved with rest and antibiotics. He had been short of breath and went to an urgent care clinic – when evaluated, he was also found to have low oxygen levels and an elevated heart rate. He tested negative for COVID-19 and did not have a runny nose or fever and a chest X-ray showed no pneumonia.
The nurse practitioner did not clinically explain or reconcile his concerning signs and symptoms, did not refer the patient for more testing to rule out the potential causes and did not consult the supervising physician on staff. Instead, she discharged the patient as having pneumonia. Within two days, he passed away from an undiagnosed pulmonary embolism. Our medical experts testified that he had the concerning signs and symptoms of a pulmonary embolism at the visit, that testing would have diagnosed it and that the condition was treatable with anticoagulation – in short, his tragic death was preventable.
He left behind three children, his mother, and two siblings. After litigation and the depositions of our experts, the defendant agreed to settle the case at mediation.
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