Bogoroch & Associates delivers results in complex medical malpractice cases, says Richard Bogoroch
This article was provided by Bogoroch & Associates LLP
Two recently settled cases illustrate Bogoroch & Associates LLP’s unwavering dedication to pursuing every possible avenue to achieve the best outcomes for their clients, says Richard Bogoroch, managing partner of the firm.
The cases, Hunter and Geller*, underscore the importance of timely diagnosis and treatment of medical conditions, and highlight the role that health care professionals must play in preventing catastrophic outcomes, including death.
In Hunter, the plaintiff presented at the emergency room complaining of fever, chills and body aches. Despite being aware of Mr. Hunter’s asplenic condition, which put him at higher risk of severe infections, the defendant emergency physician discharged him without prescribing intravenous antibiotics.
Within hours, Mr. Hunter returned to the hospital with worsening symptoms, which had progressed to sepsis. Tragically, he passed away later that day.
At issue was whether the emergency physician breached the standard of care and whether that breach caused Mr. Hunter’s sepsis and death.
“Our emergency medicine expert opined that the standard of care had been breached when the doctor failed to prescribe Mr. Hunter broad spectrum antibiotics,” says Bogoroch. “An asplenic patient presenting with fever, tachycardia, nausea and body aches — all common signs of system toxicity — Mr. Hunter required intravenous antibiotics immediately even before the results of any testing were obtained or a clear source of infection identified.”
In proving causation, Bogoroch & Associates LLP engaged experts in infectious diseases and microbiology. Both experts agreed that, had Mr. Hunter received appropriate antibiotic treatment at the time his fever was noted by the defendant emergency physician, his condition would likely not have progressed to septic shock, and he would have survived.
“Mr. Hunter was in his mid-thirties when he died,” Bogoroch says. He was a husband and father to two young children who were primarily dependent on his income. “We advanced claims for damages pursuant to the Family Law Act for his young family’s loss of care, guidance, companionship and financial dependency.” The case settled for approximately $3 million*, reflecting the immense loss the family suffered.
In Geller, the plaintiff arrived at the emergency room via ambulance with complaints of sudden-onset nausea, headache, dizziness, and vomiting. The defendant emergency physician diagnosed Mr. Geller with gastroenteritis and ordered anti-nauseant medications. He failed to perform a neurological examination or requisition diagnostic imaging, discharging the plaintiff just a few hours later.
Mr. Geller returned to the emergency room with worsening symptoms of headache, vertigo, dizziness, and vomiting. Triage nurses noted the plaintiff was unable to walk and recorded his critically high blood pressure. A second emergency physician assessed Mr. Geller and noted he was unable to walk due to severe ataxia. A CT scan of Geller’s head was ordered, and the reporting radiologist noted the presence of a cerebellar infarct with associated hydrocephalus.
“Despite this finding, “Mr. Geller was not referred to a neurologist or transferred to a neurosurgery center” Bogoroch says. “Mr. Geller’s condition deteriorated - he began having difficulty breathing, was vomiting profusely, and ultimately became unconscious.”
The emergency physician performed an endotracheal intubation and improperly managed his increasing intracranial pressure. An MRI scan of Mr. Geller’s head and neck was requisitioned, and a critical care physician was paged for a consultation, who noted Mr. Geller was incoherent. Despite his poor clinical presentation and diagnostic finding of cerebellar infarct, the defendant physicians failed to request a neurological consultation.
Hours later, the MRI results showed a cerebellar infarct and vertebral artery dissection. Finally, preparations began for Mr. Geller’s transfer to a neurosurgery centre for assessment and treatment.
“Unfortunately, it was too late. Mr. Geller was no longer considered a candidate for lifesaving direct posterior fossa decompression given his significantly deteriorated neurological status,” Bogoroch says. “Mr. Geller was ultimately declared brain dead.”
Bogoroch & Associates LLP retained emergency medicine experts who identified numerous breaches of the standard of care by both emergency physicians. The first emergency physician failed to perform a neurological examination, pursue the complaints of dizziness and headache, take an appropriate history, and or consider a potential neurological cause for Mr. Geller’s symptoms.
The second emergency physician failed to transfer Geller to a neurosurgery centre once the CT scan results showed a cerebellar infarct. Any subsequent delay was ultimately life-threatening and fatal.
“According to our experts, the second emergency physician also inadequately managed Mr. Geller’s acute hydrocephalus secondary to cerebellar infarction, particularly by not taking even simple measures to reduce intracranial pressure, such as elevating the head of the hospital bed,” Bogoroch adds.
On causation, Bogoroch & Associates LLP retained an expert in neurosurgery, who opined that Mr. Geller would more likely than not have survived his stroke with a reasonable prognosis had medical management for treatment of intracranial pressure been initiated along with an earlier transfer to a neurosurgical centre.
As in Hunter, the firm advanced claims for damages for loss of care, guidance, companionship and loss of financial dependency on behalf of Geller’s wife and two children. This case settled for over $1 million. Mr. Geller was only 50 years old.
Both Hunter and Geller demonstrate the firm’s dedication to achieving justice in complex medical malpractice cases that are expensive to pursue and often take several years to conclude.
“The firm is committed to pursuing malpractice cases no matter how challenging or costly the case,” says Bogoroch. “These two cases are recent examples where we have helped heartbroken families obtain justice.”
*The actual case names have been changed for client confidentiality.
Settlement amounts are all inclusive amounts (inclusive of claims, interest, costs, disbursements, HST) and are not indicative of results in similar cases. Settlement amounts will vary according to the unique facts of individual cases.
