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Failure to Timely Diagnose, Treat Heart Attack
March/April 2019Bastien v. Dew, No. 435831-V (Md. Cir. Ct. Montgomery Cnty. Nov. 20, 2018).
Ruben Bastien, 23, experienced chest pain after weightlifting. His father drove him to a hospital emergency room, where he was seen by emergency physician Guy Patrick Murphy and others. Bastien underwent an EKG, which was abnormal. Although he was administered morphine, his severe chest pain persisted. Laboratory studies revealed an elevated troponin level, and Bastien was administered nitroglycerin two hours later.
After two more hours, treating physicians recommended that Bastien be transferred to the facility’s telemetry unit. A cardiologist also was contacted. By the next morning, Bastien’s troponin reached peak elevation, and a repeat EKG showed tachycardia. Additional testing revealed damage to his heart muscle resulting from a myocardial infarction. Within an hour, the cardiologist recommendedBastien be transferred to another hospital for an emergency catheterization. Bastien suffered cardiac arrest during this procedure and died several days later. He is survived by his parents.
Bastien’s parents, individually and on behalf of his estate, sued Murphy and an emergency medical group, alleging failure to timely diagnose and treat Bastien’s heart attack or request a timely cardiology consultation in light of his abnormal test results and persistent chest pain. Suit claimed that a timely catheterization would have revealed a blood clot, which could have been treated before Bastien suffered cardiac arrest. The plaintiffs did not claim lost income. The jury awarded $1.3 million, which is subject to reduction under the state damages cap.
Plaintiff counsel: AAJ member Jonathan Goldberg, Tara Clary, and Jonathan Huddleston, all of Baltimore.