Senior Trial Partner Michael Madden, Partner Amy Korn and Senior Associate Casey Hughes secured summary judgment on behalf of our client medical center and resident physician.
In this case, the plaintiff presented to the ED at our client medical center complaining of aching stabbing chest pain for five days. Our client defendant, a PGY2 resident, and co-defendant attending ED physician examined the plaintiff and noted the plaintiff’s left chest wall was tender. A chest x-ray was ordered and was interpreted by co-defendant attending radiologist and the plaintiff was ultimately diagnosed with a left pleural effusion and atelectasis, and left10th rib fracture late-subacute or chronic. The plaintiff was given Ibuprofen for pain control for the fracture and was discharged with instructions to follow up with his primary care physician. Plaintiff alleged a failure to properly interpret radiological studies, diagnose an empyema, and a pre-mature discharge from the ED resulting in the need for thoracic surgery.
MCB argued that the then resident physician could not exercise independent medical judgment, was following his supervising physician’s directives, which did not so greatly deviate from normal practice to have warranted him to intervene. The Court granted our motion of behalf of our client physician and medical center.