Partner Scott Frycek secured a dismissal of a medical malpractice action brought against a physician and urgent care center. It was alleged that the doctor and the practice failed to timely diagnose and treat the 50-year- old patient’s acute and/or impending cardiac condition leading to her death. Scott argued that our clients timely and appropriately elicited a medical history, performed a comprehensive physical examination, and considered an appropriate differential diagnosis. He maintained that there was no reason for our clients to suspect an underlying cardiac condition, perform an EKG or cardiac work-up, or refer the patient to a cardiologist or ER. Plaintiff’s counsel opposed our motion and argued that our clients negligently failed to perform an EKG. It was alleged that had an EKG been performed, it would have most likely uncovered certain abnormalities which would have led to angioplasty or some other cardiac intervention.
The Court agreed with Scott’s arguments, dismissing the plaintiff’s Complaint in its entirety.