Firm Updates

Successful Defense of an ER Physician in Norfolk

Disclaimer: THE RESULTS ARE SPECIFIC TO THE FACTS AND LEGAL CIRCUMSTANCES OF EACH OF THE CLIENTS’ CASES AND SHOULD NOT BE USED TO FORM AN EXPECTATION THAT THE SAME RESULTS COULD BE OBTAINED FOR OTHER CLIENTS IN SIMILAR MATTERS WITHOUT REFERENCE TO THE SPECIFIC FACTUAL AND LEGAL CIRCUMSTANCES OF EACH CLIENT’S CASE.

Edward J. McNelis, III and Grace Morse-McNelis successfully defended an ER physician in Norfolk who was sued for medical malpractice in connection with the death of a 29 year old woman.   The decedent presented at the ER with flu-like symptoms and was noted to have low oxygen saturation levels, which the physician ascribed to the woman’s morbid obesity (BMI of 76).  The patient was discharged with a diagnosis of a viral illness and told to return to the ER if her symptoms got worse.  Less than two days later the woman was readmitted to the ER by ambulance in severe respiratory distress and with life-threateningly low oxygen saturation levels.   The patient was diagnosed with ARDS and pneumonia and admitted to the ICU, where she died three days later.  Plaintiff, the deceased woman’s mother, alleged our client was negligent for failing to order a chest x-rays and other diagnostic tests that would have led to earlier diagnosis and treatment of the severe respiratory treatment.  The jury returned a defense verdict in less than an hour following a week-long trial in Norfolk, Virginia.