NOT GUILTY IN FAILURE TO PREVENT FATAL PULMONARY EMBOLISM

Circuit Court of Cook County Illinois
Counsel: Steven Steinback & Christopher Reeder
Demand $2,200,000
Asked: $3.0 million
Outcome: Not Guilty

The decedent (male, 47) presented to the ED after suffering a traumatic distal tibia and fibula fracture. He was admitted, surgery was performed, and he remained an inpatient for one week. Lovenox was started post-operatively and continued throughout the hospitalization. During the hospitalization, the decedent’s ambulation status improved. Lovenox was not continued following discharge. Eight days after discharge, the decedent died from a pulmonary embolism due to deep vein thrombosis.

Plaintiff alleged that the defendants failed to order appropriate pharmacologic DVT prophylaxis (Lovenox) at discharge, and that the defendants were required to complete a Doppler scan prior to discharge. Plaintiff also waged claims of institutional negligence based on a purported failure to institute a written procedure regarding DVT prophylaxis.

The defendants asserted that they complied with the standard of care at all times. In support of this contention, the defendants cited to the applicable guidelines, which recommended against prescribing Lovenox to a patient with an isolated distal lower extremity fracture at the time of discharge. The applicable guidelines similarly recommended against performing an ultrasound in an asymptomatic patient, such as the decedent. The hospital further asserted that the standard of care did not require a hospital to maintain a formal written procedure directing physician decision-making with respect to post-discharge DVT prophylaxis.