GMR Partner Joe Petka secured a victory this week in a medical malpractice case tried before a Philadelphia jury. The case centered on allegations that a local hospital failed to diagnose and treat signs and symptoms of a seizure in a 53-year-old female patient.
According to the plaintiff, she was transported by ambulance to the hospital after experiencing a seizure. While waiting to be seen by a physician, she reportedly fell asleep, awoke disoriented, and wandered outside. There, she suffered a second seizure, fell, and struck her head. The plaintiff alleged that hospital nurses had told her she was free to leave and even gave her directions on how to exit the building.
At trial, the plaintiff’s liability expert testified that the hospital was negligent for failing to implement seizure precautions. The expert cited multiple alleged deficiencies, including assigning the wrong ESI acuity level, failing to implement fall-risk prevention measures, not assigning a nurse to her for 56 minutes after arrival, and lacking any seizure protocol. The plaintiff claimed her injuries from the fall included a broken tooth, a closed-head injury, post-concussion syndrome, post-traumatic headaches, and an aggravation of pre-existing cervical spine disease.
Mr. Petka, however, argued that the patient eloped from the hospital rather than being discharged. He pointed to subpoenaed cell phone records showing that the plaintiff was on the phone with her daughter between 9:10 and 9:16 p.m. arranging for a ride. A hospital security report confirmed she was found outside on the sidewalk at 9:15 p.m. This evidence, Petka argued, demonstrated that the plaintiff had intentionally left the facility to meet her daughter.
The defense also called the charge nurse from the night of the incident, a 33-year veteran of the emergency department. The nurse directly rebutted the plaintiff’s expert testimony, explaining that seizure precautions and procedures were in place and addressing and refuting each point raised by the plaintiff’s case.
After deliberation, the jury of 12 returned a defense verdict, finding in favor of Mr. Petka’s client and rejecting the plaintiff’s claims.
