$75M malpractice verdict splits fault between ER doctor, radiologist
A jury in Georgia has pinned 60% of the blame for a stroke patient’s permanent whole-body paralysis on an ER physician and 40% on a radiologist—while clearing all other clinicians who had a hand in the catastrophic episode of care.
The jury is awarding the patient $46 million in civil damages and $29 million in medical expenses.
The series of allegedly negligent events began in October 2015, when the patient, Jonathan Buckelew, was 32. Buckelew collapsed while receiving chiropractic care for his neck and was transported to a hospital in Roswell, Ga.
According to CVN, the Courtroom View Network, emergency imaging showed Buckelew to be suffering a brainstem stroke—a diagnosis that should have prompted immediate treatment.
However, during the trial, his attorneys argued that the care team failed to reach and act on a definitive diagnosis until the patient’s second day in the hospital.
It was during the protracted wait, the attorneys contended, that the brain was so severely damaged that Buckelew is now permanently stricken with “locked-in syndrome.” This renders him unable to feel or control any voluntary muscle groups except those of his eyes.
Radiologist’s Defense: ‘His Job Is to Identify the Smoke, Not to Put Out the Fire’
The ER physician and radiologist judged by the jury as responsible for the tragic outcome are, respectively, Matthew Womack, MD, and James Waldschmidt, MD.
Cleared by the jury are a neurologist, a physician assistant and the nursing staff in the ICU of North Fulton Regional Hospital.
CVN’s coverage lays out the major twists and turns in the court case as played out until closing arguments on Oct. 20.
Homing in on Waldschmidt’s defense, the outlet says Waldschmidt’s attorney pointed the jury to evidence showing the radiologist read Buckelew’s imaging “with an eye to answering the specific question of whether one of Buckelew’s arteries was torn.”
Waldschmidt’s attorney also reiterated earlier testimony in the case comparing a stroke to a forest fire, according to CVN.
“[Waldschmidt’s] job is not to go down there and put [the fire] out,” the radiologist’s attorney said. “His job is to identify the smoke, and he did that.”
Plaintiff’s Charge: ‘How Many Brain Cells Died Because They Couldn’t Get Their Act Together?’
Patient Buckelew’s attorney evidently made the stronger case, centering his charge on testimony from medical experts who’d told the courtroom that earlier treatment could have produced a better outcome for the patient.
“How many nerve cells died on their watch while Jonathan was in the hospital, not moving, not talking, but looking with terror in his eyes?” Buckelew’s attorney asked, presumably while referring to ER doctor Womack and radiologist Waldschmidt. “How many brain cells died because they couldn’t get their act together and practice medicine like they should have?”
To read CVN’s full coverage of the trial, “Buckelew et al v. Womack et al,” click here.
Dave P. has worked in journalism, marketing and public relations for more than 30 years, frequently concentrating on hospitals, healthcare technology and Catholic communications. He has also specialized in fundraising communications, ghostwriting for CEOs of local, national and global charities, nonprofits and foundations.