$1 Million Medical Malpractice Wrongful Death Settlement Obtained

Fitzsimmons Law Firm recently settled a medical malpractice wrongful death claim for the full policy limits of the defendant doctor. According to the underlying Complaint, the plaintiff, a 52 year old security guard, went to the emergency room with signs and symptoms of sinusitis. The doctor prescribed an antibiotic, and the patient was discharged. For the next three days, the patient had considerable vomiting, including vomiting when taking the antibiotic Levaquin. The patient returned to the hospital three days later complaining of a severe headache and of vomiting approximately 10 times per day for 3 days. Despite these serious and concerning complaints by the patient, the plaintiff alleged that the defendant doctor, an emergency physician, discontinued the antibiotic, discharged the patient and sent him home. Following this second visit, the patient was found unconscious two days later at his house. Sadly, the patient lived for five days, and died as a result of a massive infection in his brain.

The Firm employed expert physicians in the field of emergency medicine, infectious disease and neurosurgery. These experts testified that the defendant doctor deviated from acceptable standards of care and committed negligence by discontinuing the antibiotic, failing to prescribe an alternative antibiotic, failing to admit the patient to the hospital, failing to refer the patient to an expert in otolaryngology or ENT physician and failing to order a CT scan. After taking the depositions of the defendant doctor and the defendant’s expert witnesses, the case settled for the full policy limits of the doctor's insurance policy of $1 Million.

Fitzsimmons Law Firm is a plaintiff's personal injury firm headquartered in Wheeling, West Virginia. The Firm has an established history of successfully representing patients injured or killed as a result of medical malpractice and medical negligence. The medical malpractice trial lawyers at the Firm have handled a wide variety of medical malpractice claims, including birth injuries, misdiagnosis, medication and pharmacy errors, surgical mistakes, and anesthesia errors. The Firm has obtained over $800 Million in verdicts and settlement for its clients, including 150 cases in excess of $1 Million.

DISCLAIMER: Verdicts and Settlements are listed on this website for informational purposes only. Future verdicts or settlements cannot necessarily be predicted from prior results. Fitzsimmons Law Firm PLLC makes no guarantee that the same results could be obtained for other clients in similar matters. Each case depends on its own unique facts, strengths and weaknesses, severity of damages/injuries, credibility of witnesses, availability of insurance coverage, and many other facts that can affect a claim's verdict and/or settlement amount. Because of this, you cannot assume that the same result would occur for you in your state under the particular facts of your case.


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