A 52-year old man died of multiple organ failure in 2006 as a result of a perforated lung. He had undergone surgery for GERD, during which the surgeon noted that he had perforated the left pleura. No lung injuries were reported. Later, as the man continually got worse in the ICU, he was not given a CT scan to determine whether there was a perforation, which Plaintiff's counsel argued was the appropriate standard of care under the circumstances. For optimum opportunity for survival, a perforation would need to be diagnosed within 24 hours. The man did not receive a CT scan until a full nine days after his operation. After many months of further treatment, the man eventually succumbed to his injuries.
Medical malpractice claims are very complicated and difficult to prove. They involve experts, experience in important medical jargon, and hundreds of medical records to sift through.
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