Legal Pearl: Patient Incorrectly Diagnosed Dies From Pneumonia

AUTHOR:

Ann W. Latner, JD

A 29-year-old man with pre-existing diabetes presented to the hospital emergency department with complaints of right-sided neck pain radiating down his right shoulder into his right rear ribcage. He described the pain as being made worse with deep breathing. After a brief examination, the patient was sent home with muscle relaxants but received no other treatment.

Three days later, still not feeling better, the patient went to his long-time primary care physician (PCP). The pain had moved from the patient’s shoulder area and was now in his lower back. Although the patient told the physician about his emergency department visit, the doctor did not request the medical records from the visit, which included bloodwork that revealed abnormal results. The physician also failed to check his patient’s blood glucose level. The physician performed an inaccurate lung examination and wrongly concluded that the patient’s lungs were clear of congestion. The patient was sent home with a diagnosis of low back strain and tachycardia, and prescriptions for a pain reliever and constipation aid.

The following day the patient’s girlfriend and 4-year-old child returned home from an afternoon at the park to find the patient dead on the floor of their apartment. Efforts by the girlfriend and paramedics to resuscitate the patient failed, and his death was later ruled as being caused by undiagnosed pneumonia and related empyema.

Is the physician at fault?

(Answer and discussion on the next page)