The case was decided at a bench trial, in which the judge decides the case as opposed to a jury.
As is typical, the plaintiffs cast a wide net and alleged negligence by multiple physicians. After months of legal arguments, all were dismissed with the exception of the resident and attending who saw him at the VA, shortly before his return to the larger academic hospital where he died.
After reviewing the documentation, the judge felt that there was no reliable evidence that the attending ever saw the patient or was involved in the decisions related to his care. This implied that the resident was making the decisions alone, without any supervision.
The judge also noted that the attending may have left the hospital prior to the patient being discharged, suggesting that he was not involved in that decision.
The judge found in favor of the plaintiffs.
The judge awarded various amounts to the children. The child who was the primary plaintiff was awarded $225,000 in addition to $5,012 in funeral expenses and $6,260.00 to cover the final hospital bills. A second child was awarded $100,000. Two other adult children, who had no significant relationship with their father, were each awarded $5,000.
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