The plaintiff’s family contacted a local attorney. A lawsuit was filed against both of the EM doctors, the hospital, and 2 EM groups involved with staffing the ED.
The majority of medical malpractice lawsuits are handled in state courts. This lawsuit was filed in federal court, because the lawsuit alleged both EMTALA violations (federal jurisdiction) and medical negligence.
The plaintiffs filed an initial Complaint, laying out the alleged negligence.
However, during one of the initial depositions, they discovered the addendum by the second EM physician, claiming that there was food in the patient’s airway.
Therefore, they filed a Second Amended Complaint to reflect this discovery:
The attorney lays out numerous other allegations of sub-standard care.
The entirety of the Second Amended Complaint is available.
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The plaintiff’s attorney also called several expert witnesses. These included an EMTALA expert, physician expert, and nursing expert. The next page will show excerpts from the opinion of the physician expert witness.