Failure to PrescribeCase Study

Atlee Hall recently resolved a case involving the failure to prescribe adequate venous thromboembolism (VTE) prophylaxis following an elective knee replacement surgery.

The patient was a 51-year-old married father of two and had been having difficulty with his knees for years.

 

Why This Case Matters

Through our experts, we were able to show that the use of aspirin following surgery for this patient was below the standard of care. We were also able to show that had the patient been prescribed a different medication, he would have been much less likely to have developed a blood clot. We also identified a number of witnesses who would have testified at trial about the magnitude of the loss that this man’s life had on his family members and community. Ultimately, the case was resolved to our client’s satisfaction short of trial.

How We Built
A Winning Case

 

01 Investigate

The patient was a 51-year-old married father of two and had been having difficulty with his knees for years. He saw a local orthopedic surgeon, who recommended bilateral knee replacements. The patient had a history of a genetic mutation, which put him at an increased risk for developing a blood clot. The orthopedic surgeon knew that the patient had a family history of this mutation but was apparently unaware whether or not the patient had it himself.

Following the first knee replacement surgery, the orthopedic surgeon prescribed aspirin for VTE prophylaxis (to prevent blood clots). The patient did well after the surgery, and the orthopedic surgeon performed his other knee replacement a few months later. Again, the patient was prescribed aspirin. Unfortunately, weeks after the knee replacement surgery, the patient passed away due to a blood clot that had traveled from his knee to his lungs.

02 Analyze

We were also able to show that had the patient been prescribed a different medication, he would have been much less likely to have developed a blood clot.

03 Synthesize

We also identified a number of witnesses who would have testified at trial about the magnitude of the loss that this man’s life had on his family members and community.

The Result

Ultimately, the case was resolved to our client’s satisfaction short of trial.

Through our experts, we were able to show that the use of aspirin following surgery for this patient was below the standard of care. As stated in the Medical Care Availability And Reduction of Error (MCARE) Act of 2002, a person who has sustained injury or death sustained as as result of negligence from a health care provider must be afforded a prompt determination and fair compensation.