Professional Negligence Law Reporter

Rochfort v. Lemkin, No. 03-C-17-0038 73 (Md. Cir. Ct. Baltimore Cnty. June 25, 2019).

Albert Rochfort, 65, had a history of cardiac issues, including atrial fibrillation, an ejection fraction of 30, mitral valve regurgitation and calcification, and aortic valve replacement. After he experienced chest pain while lifting weights, he went to St. Joseph Medical Center’s emergency room, where he was seen by physician Ellen Lemkin, an employee of Osler Drive Emergency Physicians Associates, P.A. Rochfort underwent a chest X-ray, which showed an enlarged heart; two EKGs, which were interpreted as abnormal; and two cardiac enzyme tests, which were normal. Lemkin discharged Rochfort with a diagnosis of muscle strain.

Rochfort passed out at home the next day and was rushed back to the hospital, where he was diagnosed as having a large aortic dissection. Despite surgery, he died several days later. He is survived by his wife and two adult children.

Rochfort’s wife and estate sued Lemkin and Osler Drive Emergency Physicians, alleging failure to timely diagnose an aortic dissection. Suit claimed that in light of Rochfort’s history and risk factors, Lemkin should have admitted him to the hospital for a cardiac consultation and a CT scan of his chest, which would have revealed the dissection while it was still treatable.

The jury awarded $1.75 million.

Plaintiff counsel: AAJ member James Cardea and Tara Clary, both of Baltimore.