ER misdiagnosis leads to wrongful death

$1,000,000

An elderly man was taken to the ER after falling out of bed at home with complaints of neck pain. The ER doctor diagnosed the cervical fracture that showed up on x-ray as stable and sent him home with instructions to see a neurosurgeon in ten days to follow up. After the man went home, his son took him to another hospital. He was admitted but lapsed into a coma and died due to a severed spinal cord. When Attorney Goodman filed suit, he took the deposition of the radiologist and dug into the facts. He discovered that the radiologist thought the fracture was unstable and thought the man should be kept at the hospital. His disagreement was overruled by the ER doctor. After the deposition, the defense collapsed and the insurance carrier agreed to negotiate. The case was settled on behalf of the family for a high six figure amount.