Background of the case
A renowned personal injury law firm in California, known for its expertise in handling medical malpractice cases, reached out to us for assistance in assessing a challenging wrongful death claim. This law firm has built a strong reputation in its 15-year history by securing significant settlements and winning many high-profile cases. They have an expert team of attorneys, who are well-regarded for their meticulous approach and dedication to justice. They also have an in-house record review team to handle chart reviews.
Having been an occasional client of LezDo TechMed in the past, they knew the value of our medical-legal expertise. Despite the experience of their review team, they faced a particularly complex situation that demanded a detailed and expert analysis of medical records. Understanding this need, they sought the assistance of LezDo TechMed to conduct an in-depth record review and identify crucial evidence of medical negligence that led to the death of the patient.
Snapshot of the case
Timeline of events:
The plaintiff, a 54-year-old woman had a history of asthma. She hadn’t received her COVID-19 shot. On December 13, 2021, she tested positive for the virus. When admitted to the hospital, she was hypoxic and was diagnosed with bilateral pneumonia. This patient had a past history of breast cancer, mitral valve regurgitation (mitral valve not closing properly, allowing blood to flow back to the heart), and osteoarthritis too.
By December 18, her symptoms of hypoxia and pneumonia became much worse, deteriorating her health. It necessitated her transfer to a multi-specialty hospital. Despite all available treatments, she could not get enough oxygen levels. She needed higher levels of oxygen support. During this critical time, the attending physician administered Remdesivir and Decadron without obtaining the family’s consent.
On December 24, her chest X-ray revealed that her bilateral pneumonia extended to three quarters of the lungs. The physician recommended mechanical ventilation. However, due to the unavailability of ICU beds, it was delayed, further worsening her condition. It necessitated increasing her oxygen needs. Baricitinib was then included as part of her treatment protocol. The next day, the patient refused to undergo mechanical ventilation to avoid intubation. It affected her respiratory support.
By December 31, the patient had completed two courses of Remdesivir and one course each of Decadron and Baricitinib. Despite all, her condition continued to worsen.
On January 2, 2022, she was kept under ventilation due to severe respiratory difficulty. Despite the efforts, she started showing signs of kidney failure and jaundice. On January 7, 2022, the patient sustained a cardiac arrest caused by septic shock and passed away.
The patient’s family contacted the law firm to file a wrongful death lawsuit, citing negligence in the timely diagnosis and management of the patient’s deteriorating condition.
Challenges in the case
Complex Medical History: The patient had a complicated medical history including asthma, breast cancer, mitral valve insufficiency, and osteoarthritis. This extensive history complicated the process of isolating instances of negligence and establishing causation.
Procedural Complications: The case involved numerous medical procedures, including the administration of Remdesivir, Decadron, and Baricitinib. Complications from these treatments required detailed analysis to identify any procedural errors.
Diagnostic Delays: Significant delays in ICU admission and mechanical ventilation due to bed shortages need a thorough investigation to determine their impact on the patient’s health outcomes.
Despite their experience, the law firm needed a specialized team to analyze the intricate medical details and identify solid proof of negligence.
Solution
Thorough record analysis:
LezDo TechMed’s skilled team thoroughly examined the patient’s medical records. Using advanced methods, they worked together with medical professionals, legal experts, and data analysts. They carefully reviewed clinical notes, diagnostic results, treatment protocols, and procedural documents. This detailed analysis uncovered critical negligence in patient care that contributed to the patient’s death.
Identification of Key Procedural Lapses:
LezDo TechMed’s detailed record review brought to light several significant procedural errors. The analysis emphasized how delays in ICU admission and the delay in mechanical ventilation worsened the patient’s condition. Additionally, the patient’s decision to refuse mechanical ventilation on December 25th was highlighted as a crucial factor affecting her respiratory support. This was a significant weakness that could impact the case.
Our team provided a comprehensive explanation of how these delays and decisions deviated from standard medical practices, directly correlating them to the patient’s deteriorating health.
Negligence in timely diagnosis:
Our team at LezDo TechMed also concentrated on the impact of diagnostic delays. They constructed a detailed timeline from the onset of the patient’s symptoms to her death, pinpointing critical moments when timely interventions were missed. This included the delay in mechanical ventilation and the initial oversight of her renal insufficiency, which later progressed to acute kidney injury. By comparing these actions to standard care protocols, the team demonstrated how these delays significantly contributed to the patient’s declining condition.
Absence of Informed Consent:
During the review, our team identified that Remdesivir and Baricitinib were administered to the patient without the family’s knowledge. This is a serious breach of medical codes and legal standards. It’s a fundamental right of the patient. The facilities should ensure that patients and their families are fully aware of the potential complications benefits of the drugs and procedures. The lack of informed consent for these medications, which have significant side effects, further underlined the negligent care the patient received. This critical oversight was documented thoroughly and added substantial weight to the claim of medical negligence.
Assessment of treatment decisions:
Our team also urged the law firm to scrutinize the administration of Remdesivir, considering its potential role in the patient’s acute kidney injury. LezDo TechMed’s experts highlighted that while Remdesivir is crucial for treating COVID-19, it can adversely affect kidney function. This assessment added another layer of evidence, suggesting that treatment decisions may have further complicated the patient’s health.
Detailed review report and expert support:
We presented our findings in a clear and detailed causation analysis, outlining the sequence of medical errors and their impact. Our team also obtained expert testimonies from pulmonologists and intensivists to support the case. These testimonies validated the analysis and strengthened the claim of medical negligence, making it challenging for the defense to refute the evidence.
Strengthened legal approach:
The extensive review and analysis provided by LezDo TechMed gave the law firm a substantial advantage. With detailed evidence and expert support, the firm was able to build a compelling narrative of negligence. This robust evidence base was crucial in securing a favorable settlement for the patient’s family.
With our expert assistance, the law firm successfully overcame the complexities of the medical evidence, transforming a challenging case into a strong claim for wrongful death. Our diligent approach and comprehensive findings were pivotal in uncovering the medical negligence that formed the basis of the case, showcasing our critical role in achieving a successful outcome.
Result
By making use of LezDo TechMed’s comprehensive medical record review services, the law firm successfully presented a compelling wrongful death claim. The identification of procedural errors, including the delay in ICU admission, provided a strong foundation for the case, leading to a favorable settlement for the patient’s family.
The law firm also secured a reasonable verdict for medical negligence. However, as the role of Remdesivir in causing kidney failure is an ongoing topic of dispute in Remdesivir lawsuits, the judge did not consider it for the final verdict. The plaintiff retains the right to appeal if new evidence is presented in other cases.
The law firm, impressed by our thoroughness and expertise, has since become a regular client. They continue to benefit from consistent high-quality medical reviews that have significantly bolstered their legal strategies and outcomes. Over the past 2 years, this partnership has thrived, with LezDo TechMed playing a crucial role in securing justice and substantial settlements for the firm’s clients.
