Professional Negligence Law Reporter

David Detweiler, a 73-year-old man who suffered from chronic atrial fibrillation and other cardiac issues, was a longtime patient of cardiologist Mitchell Greenspan. Greenspan cleared Detweiler to undergo an aortobifemoral bypass to treat his aortoiliac occlusive disease. A vascular surgeon performed the procedure without complication at Grand View Hospital, and Detweiler was transferred to the facility’s ICU in stable condition. The next day, Detweiler’s troponin T was less than 0.01. The following day, however, an EKG showed atrial fibrillation with significant ST depressions, a significant change from his preoperative baseline EKGs. Greenspan saw Detweiler that morning and ordered an urgent troponin T test, which was elevated at 0.04.

Detweiler began to complain of nausea, dizziness, and sweating. A nurse noted that his blood pressure was 91/34 mm HG, and his heart rate was as low as 40 bpm. A subsequent EKG was abnormal, showed a significant worsening of his condition, and indicated a possible acute infarct. A repeat EKG allegedly dictated by Greenspan showed persistent diffuse ST-segment depression. Detweiler’s condition continued to deteriorate, and he suffered two episodes of cardiac arrest. After the second arrest, his family asked to discontinue resuscitation efforts.

Detweiler is survived by his wife and two adult children, one of whom moved in with his mother to help take care of her.

Detweiler’s wife, on behalf of his estate, filed suit against Greenspan; his practice; and Hao Nguyen, the intensivist who provided postoperative care to Detweiler, alleging failure to diagnose and treat his myocardial infarction and timely transfer him to another facility. The plaintiff asserted that the defendants failed to properly interpret Detweiler’s test results and understand the significance of his EKGs. Additionally, the plaintiff claimed, Greenspan had failed to evaluate Detweiler after the second troponin T test.

The parties settled for $900,000. Nguyen’s insurers paid $800,000, and Greenspan’s insurer paid the rest.

Citation: Detweiler v. Nguyen, No. 2018-02600 (Pa. Ct. Com. Pl. Bucks Cty. Dec. 8, 2020).

Plaintiff counsel: AAJ member David J. Caputo and Heather K. D’Onofrio, both of Newtown Square, Pa.