$3.25 Million Settlement in Medical Negligence Action Against Hospital Administration For Failing to Properly Transport or Treat Stroke Patient.
The patient was a 57 year old female who had a stroke while at work. Typically, the hospital would be staffed with both neurologists and interventional radiologists to perform any necessary stroke related medicinal or surgical therapy. However, this time the interventional radiologist was not available. Under these circumstances the hospital is required under Florida law to notify EMS of the temporary unavailability of such stroke services. The hospital failed to do that and so EMS transported the patient to the hospital. Once the patient arrived at the hospital she was evaluated. Unfortunately, it was determined that she needed a type of treatment that could only be provided by the unavailable interventional radiologist. As a result, the patient had to be transported to another hospital. Unfortunately, by the time the patient was transported to the alternative hospital she had become medically unstable and was no longer capable of receiving treatment for her stroke. As result, she was left with permanent stroke related injuries to her speech and gait. The Plaintiff filed suit alleging that the hospital was negligent for failing to inform EMS of the temporary unavailability of its services and for failing to properly staff its stroke department. The hospital denied any pre admission legal duty to inform EMS . The hospital further denied it was otherwise negligent and that any delay in transportation was the proximate cause of bodily injury to the patient. The case settled for $3.25 million prior to trial.