Case details
Doctor claimed decedent refused cardiology referral
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
cardiac, cardiopulmonary, death, respiratory arrest
FACTS
On Feb. 4, 2009, plaintiff’s decedent Paul Joslin, 46, a gas company mechanic, presented to his primary care physician, Dr. Adolfo Paglinawan, for a refill of his blood pressure medication. During the visit, he also complained of previous chest pain. Paglinawan subsequently told him to take aspirin and Nitroglycerin, which he prescribed at that visit, whenever he experienced chest pain. In the early morning of Feb. 15, 2009, Joslin awoke with complaints of chest pain. He took the prescribed Nitroglycerin and immediately collapsed, after which his wife called 911. The paramedics arrived and noted that Joslin was asystolic and proceeded to intubate him, perform CPR and give him Epinephrine/Atropine. Joslin was then taken to the emergency room at Palo Verde Hospital in Blyth, where he was found to be unresponsive with no spontaneous respirations or pulse. CPR efforts were subsequently discontinued and he was pronounced dead. Paglinawan signed off on the decedent’s death certificate noting that cardiopulmonary arrest was the cause of death. The decedent’s wife, Katherine Joslin, acting as the administrator of her husband’s estate, sued Paglinawan. She alleged that the defendant failed to perform additional tests on her husband and/or timely refer him to a cardiologist, and that these failures constituted medical malpractice. Thus, she alleged that Paglinawan was liable for her husband’s wrongful death. Other family members of the decedent, Jeffrey Joslin, James Joslin and Eda Joslin, declined to be part of the lawsuit. Thus, to assure all heirs were included, the estate, named them as nominal defendants. Plaintiffs’ counsel contended that Paglinawan fell below the standard of care by failing to adequately order an EKG or perform any other tests on Feb. 4, 2009, and by failing to timely refer the decedent to a cardiologist to determine if the decedent had problems with his heart after relaying prior complaints of chest pain/pressure. Counsel further contended that if Paglinawan had sent the decedent for an EKG at an emergency room that day and/or referred him to a cardiologist for further work-up on Feb. 4, 2009, a coronary obstruction would have been found, it would have been medically treated, and the decedent would still be alive today. Paglinawan contended that at the visit on Feb. 4, 2009, the decedent had a new complaint of chest pain, but that his blood pressure was 140/90 and was in no apparent distress. He also contended that the patient’s chest was clear, and a cardiovascular assessment showed S1 and S2 normal rate and rhythm. Paglinawan further contended that he attempted to send the decedent for a cardiology referral that day, instructing the patient to see Dr. Mohammad Abid, but that the decedent refused and said he would schedule himself to see the cardiologist who traveled to the area from Palm Springs on a weekly basis. In addition, Paglinawan claimed that the decedent was not in any chest pain at the time of the visit and that an EKG or other cardiac testing would have most likely not shown an abnormality because the decedent most likely died from a coronary plaque rupture, which could not have been detected or prevented., Paul Joslin awoke with complaints of chest pain and collapsed on Feb. 15, 2009. Paramedics arrived at the scene and attempted to intubate him, perform CPR and give him Epinephrine/Atropine, but Joslin was determined to be unresponsive with no spontaneous respirations or pulse at the Palo Verde Hospital Emergency Room. He was subsequently pronounced dead as a result of cardiopulmonary arrest. The decedent was 46. He left behind a wife and three other family members. The decedent’s wife sought recovery of $500,000 in non-economic wrongful death damages. She also sought recovery of $449,000 in economic damages for her past and future loss of financial support, as well as for burial expenses.
COURT
Superior Court of Riverside County, Indio, CA
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