A week later, the patient returned to Dr. R., who diagnosed catatonia. She was transported to a hospital, where clinicians ultimately diagnosed metabolic encephalopathy stemming from a diabetic coma. Insulin was prescribed after tests showed that the patient could not manufacture sufficient levels of insulin.
The plaintiff alleged negligence by Dr. R. in failing to properly diagnose and treat her condition; had Dr. R. ordered tests in May 2001, a correct diagnosis would have been made. She claimed that the encephalopathy impaired her cognitive functionality and contended that she would require counseling to redevelop her cognitive function. The plaintiff also claimed that she should have been referred to a nutritionist.
The defendant denied any negligence and maintained that the plaintiff’s coma was due to an attempted suicide. According to a published account, a defense verdict was returned.
Seven Years With Misdiagnosis of Panic Attacks
In 1994, a 61-year-old man was seen by a primary care physician for a complaint of mild seizures. He was given a diagnosis of panic attacks, treated with paroxetine, and given a recommendation for group therapy.
The patient’s symptoms persisted for seven and one-half years. Seizures were never considered in the differential diagnosis despite the patient’s atypical presentation for panic attacks. He was referred to a neurologist, but MRI was not performed for some time.
When it was, the man was diagnosed with an oligodendroglioma brain tumor, which by that time was the size of a racquetball. The tumor had begun to hemorrhage into itself and into the brain, causing intense intracranial pressure. The patient underwent partial resection of the tumor, but less than half of it could be removed, as it had grown into both hemispheres of the brain and across the corpus callosum.
Almost two years after the surgery, the man experienced a massive hemorrhagic stroke. He lived for another year but was severely disabled. He died in November 2004. The autopsy and death certificate both specified the tumor as the cause of death.
The plaintiff made a charge of negligence in the failure to diagnose the tumor in 1994, when a total resection surgery would have been possible. The plaintiff claimed that the decedent spent seven and one-half years believing that he had a mental problem while the tumor was growing. The decedent’s angry outbursts and other behavioral issues during that time, for which the family had sought explanations, were now attributed to the tumor.
The defendants argued that the decedent’s hemorrhagic stroke was unrelated to the tumor and that the tumor would have led to the man’s death in any event. The defendants also claimed that the delay in diagnosis allowed the decedent a better quality of life, as he would have had to undergo early invasive treatment that would have made no difference in the outcome.
According to a published report, a $4,511,000 verdict was returned.