Wrongful Death Caused by Failure to Refer

The family of a Michigan man who died of a dissected aorta has been awarded a settlement in their wrongful death lawsuit.  The family sued Dr. Arun Gupta stating that because he failed to refer 43 year old Clayborn (Matt) Baker to a cardiologist while under his care during a hospital stay, the patient bled to death internally.

In 2005, Baker went to Mercy Memorial Hospital in Monroe complaining of chest pains.  He was admitted to the hospital, however Dr. Gupta, who treated Baker over the course of 6 days, ignored his repeated requests to be seen by a cardiologist.

The Baker’s family’s medical attorney testified in court that Baker continuously mentioned having a heart problem, and complained that he wasn’t being treated by an expert for his condition.  “He felt he was dying,” the attorney said.

It was argued during the trial that had Baker’s dissected aorta been detected when he first arrived at the hospital, surgical intervention could have been performed immediately and his life likely would have been spared.  Instead, he was diagnosed with an infection and kidney stones and sent home after six days in the hospital.  That same day, he was rushed back to the emergency room where he died.

Dr. Gupta’s lawyer argued that Mr. Baker did not show signs of aortic dissection and was given adequate care by his client while in the hospital.  He also claimed that several other doctors examined

Baker’s X-rays and none of them noticed any problems with his heart.
The jury didn’t see it that way, however, and sided with the plaintiffs, awarding them a settlement of $1.5 million.

Sometimes it’s not a matter of a doctor making a blatant error that causes medical malpractice, but it’s the absence of appropriate and thorough treatment, such as referring a patient to a specialist for further examination that can result in harm to the patient or even death, as in this case.  Medical attorneys are familiar with these types of situations and can help determine whether or not a doctor’s inaction has caused you or your loved one to suffer damages.  Speak with one today to find out more.