Plaintiff Had Fatal Heart Attack 5 Days After Going To ER
| On Jan. 23, 2003, plaintiff’s decedent George Rowell, 60, an electrician, began to experience chest pains at home. His wife called 911 and Rowell was taken to the emergency room at St. Lucie Medical Center. While at the emergency room, Rowell was seen and treated by John Mastalski. Rowell claimed that he was sent home from the ER after Mastalski consulted via phone with James Bradley, a cardiologist. Rowell died of a heart attack five days later.Rowell’s estate, represented by his wife, sued Mastalski; Treasure Coast Emergency Associates, the operators of the emergency room; Bradley; and his cardiology group, Stuart Cardiology Group, for medical malpractice, seeking wrongful death damages.
Plaintiffs’ counsel claimed that as a treating emergency room physician Mastalski had a duty based on the symptoms presented to rule out myocardial infarction. Plaintiffs’ counsel contended that appropriate care would have been to perform serial troponin measurements on a patient presenting with heart attack symptoms. The test measures the level of troponin, which is a protein that confers calcium sensitivity to muscle cells, which is crucial to muscle contraction in the heart. Elevated troponin levels mean the heart has sustained some damage. Rowell thus should never have been sent home; rather he should have stayed in the hospital for further evaluation. Kim Klancke, plaintiff’s expert cardiologist, opined that when treated properly Rowell’s condition has a 98% cure rate. The defense disputed whether Mastalski called Bradley regarding Rowell’s care. Bradley claimed that he received no phone call and if he did he would have ordered testing for Rowell and not sent him home. Defense counsel argued that Rowell left against Mastalski’s orders and went home from the hospital. Defense counsel contended that Rowell was negligent for not returning to the hospital when he felt chest pains the next day. Rowell died five days after going to the emergency room. He was having sexual intercourse with his wife when he suffered a myocardial rupture and died instantly. He left behind his wife and adult children, who were not factored into this lawsuit. Plaintiff’s counsel sought damages for Sandra’s pain and suffering, loss of services and income from her husband and funeral expensesThe jury found that Bradley was not negligent. The jury found that Mastalski was 73% negligent and Rowell was 27% negligent. It awarded $4,303,145.50, which was reduced to $3,141,296.30. No damages were assessed against Bradley and his cardiology group. |