Marshall L. Schwartz obtained a defense verdict in favor of a hospital following a four day jury trial in Bucks County, Pennsylvania.
Plaintiff alleged that the decedent suffered a retroperitoneal bleed as a result of a cardiac catheterization procedure and that defendants were negligent in the post-procedure management of the bleed. Plaintiff’s expert witnesses alleged that defendant physicians failed to obtain appropriate consultations and failed to order appropriate diagnostic studies to determine the extent of the retroperitoneal bleed.
The defense argued that the care provided to the patient was appropriate as the patient did not exhibit signs of an ongoing bleed; therefore, surgical intervention was not warranted. Plaintiff further claimed that the cardiologists on staff at the hospital were ostensible agents of the hospital. The defense for the hospital rebutted plaintiff’s allegations of negligence and further asserted that there was insufficient evidence to establish a claim for vicarious liability through ostensible agency. Plaintiff had claims for wrongful death and survival, including a claim for lost earnings.
The jury determined that neither the physicians nor the hospital were negligent.