Defense Verdict in Medical Malpractice Case3/17/2023
Dan McGrew and Sam Britt obtained a defense verdict on behalf of a pulmonary critical care practice in a wrongful death case in Fulton County.
Plaintiff alleged that the pulmonologists deviated from the standard of care by prematurely removing her husband’s tracheostomy, leading to his death five days later. Plaintiff’s husband was admitted to a long-term acute care facility following a stroke for tracheostomy weaning. The pulmonologists were consulted to manage the tracheostomy and weaning process. Over the next thirty-one days, the pulmonologists carefully weaned the patient off the ventilator and tracheostomy. The patient was decannulated and did extremely well for five days. On the fifth day, the patient had a sudden, acute event which resulted in his death. Dan and Sam were able to show that the patient met all criteria for removal of his tracheostomy and his death was not caused by the decannulation. The jury deliberated for under two hours before returning a defense verdict.