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Legislator/Doctor Sued for Medical Malpractice


A legislator who is also a doctor is being sued by the estate of a 20-year-old patient who had presented to the ER with respiratory distress. According to the lawsuit, the woman’s condition was made worse when the doctor overloaded her lungs with 4 liters of fluid and then discharged her without observation. The plaintiffs claim that the standard of care was violated resulting in the patient’s death. They have filed suit and are demanding a jury trial.

Analyzing the lawsuit 

We lack a lot of information that would be relevant in a lawsuit like this. All we know is that a patient presented to the emergency room complaining of respiratory distress and died as a result of treatment and a lack of follow-up. Without knowing specifically what happened, you can guess that the allegations are tilting the way of the plaintiff. A 20-year-old girl in an emergency room should not die of respiratory distress. However, we don’t know what her condition was at the time, why the doctor kept injecting her lungs with fluid, or why she was released in an unstable condition.

Even if the doctor’s treatment was correct, the plaintiff can still claim the choice to discharge the patient was wrong and led to her death. So, there are two ways that the plaintiff can make their case and the defense will have to defend both of them.

The first claim involves the standard of treatment and whether or not it was the correct choice for the situation. The second claim involves the choice to discharge the patient in an unstable condition. Both of those allegations are actionable. The best argument for the defense is that the doctor released her stable condition and something happened in between to cause her illness.

Lawsuits against ER doctors 

ER doctors have a lower standard of care than specialists, general practitioners, and just about anyone else. That’s because they have less time to think than these other doctors. They have to make split-second decisions, so a call that might go 50/50 isn’t always going to work out the way you want. As long as the doctor can justify the decision, they’re usually in the clear in terms of surgical intervention or diagnostics. The choice to discharge, on the other hand, should be made cautiously and with the benefit of the doubt. The second allegation is therefore the strongest. The plaintiffs will contend that had the doctor kept the patient for observation, she would still be alive. That is very likely true. However, the doctor can claim the patient would have died no matter where she was to defeat the claim. The doctor will be responsible for defeating both claims.

Talk to an Atlanta, GA Medical Malpractice Lawyer Today 

The Moses Law Firm represents the interests of Atlanta residents who have been injured by negligent medical care. Call our Atlanta medical malpractice lawyers today to schedule a free consultation and we can begin discussing your injuries immediately.


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