The plaintiffs decedent, age fifty-five, went to a hospital in February 2002 with complaints of mid-upper epigastric pain with a history of hiatal hernia. The woman also had episodes of depression and did not have a regular family physician. After waiting twenty-minutes the decedent went back to the nurse’s station and informed the triage nurse that she had chest pain radiating to both arms. The hospital’s chest pain protocol was initiated and she was brought back for an emergency assessment. An EKG and Troponin I test were performed. The EKG demonstrated a past heart attack of an undetermined age. The Troponin I test showed elevated levels of enzymes in the blood stream. The plaintiff claimed that serial Troponin tests should have been performed. A GI cocktail was ordered and an examination was performed. A chest x-ray and lab work were also ordered. The decedent later reported that the chest pain was gone. The decedent was given a prescription for Prevacid.

Five days later the decedent was found dead. Several psychotropic medications and tranquilizers were found which had been prescribed for her depression.

The decedent’s body was cremated without an autopsy being performed. Suit was filed about two years later. The plaintiffs alleged negligence in the failure to diagnose a heart attack.

The defendants argued that the decedent’s presentation was consistent with heartburn due to hiatal hernia and that it was proper to discharge her when the 01 cocktail relieved her pain. The defendants also argued that there was no way of knowing what the cause of death was.

According to a published account a $280,000 settlement was reached.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.