$750,000 Settlement During Trial For Failure To Diagnose And Treat Stroke In An 85 Year Old Woman

An 85-year-old woman suddenly became non-communicative while being transported from a rehabilitation facility to a Boston hospital for an orthopedic follow-up appointment regarding her broken wrist. There was a dispute between the chair car driver, who claimed that he conveyed this change to the staff in the doctor’s office, and the doctor and his receptionist, who denied any knowledge of a change. The doctor, who had never met the patient before and had no idea what her baseline status was, examined her wrist, assumed that her inability to speak was a longstanding problem, and returned her to the rehabilitation facility. When she arrived back at the rehabilitation hospital, the staff immediately called an ambulance, but the patient had suffered a stroke and was now outside the window for thrombolytic (clot-busting) treatment. Crowe & Mulvey negotiated a $750,000 settlement for the family just before closing arguments in the trial.