DOCKET NO.: ABC-CV-12-345678S
ESTATE OF JANE PLAINTIFF, JOHN
J. PLAINTIFF, ADMINISTRATOR,
VS.
SUE DEFENDANT, M.D., BILL
DEFENDANT, M.D., MEDICAL GROUP,
P.C.
:
:
:
SUPERIOR COURT
J.D. OF ANYWHERE
AT ANY TOWN
: NOVEMBER 18, 20xx
COMPLAINT
FIRST COUNT: NEGLIGENCE AS TO SUE DEFENDANT, M.D.
1.
Jane Plaintiff died on April 15, 20xx, a resident of Anytown , Connecticut.
2.
On June 5, 20xx, John Plaintiff was appointed Administrator of the Estate of Jane
Plaintiff and is duly acting as such.
3.
This claim is brought by the Administrator pursuant to Connecticut General Statutes
Section 52-555.
4.
At all times herein mentioned herein, Medical Group, P.C. is a business licensed in the State of Connecticut to provide healthcare services to the public, with a principal place of business address of Any Road, Anytown, Connecticut.
5.
At all times mentioned herein, Medical Group, P.C. had a staff of physicians, nurses and other health care providers who were agents, servants and/or employees of the
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defendant, Medical Group, P.C. and who provided medical care and services with the knowledge and permission of Medical Group, P.C.
6.
At all times mentioned herein, Sue Defendant, M.D. is a physician licensed in the
State of Connecticut.
7.
At all times mentioned herein, Sue Defendant, M.D. held herself out as a physician specializing in internal medicine.
8.
At all times mentioned herein, Sue Defendant, M.D. was a physician granted privileges, partner, agent, servant, employee, shareholder and/or owner of Medical
Group, P.C. and was acting within the scope of her privileges and/or employment and duties and with the knowledge, permission and consent of Medical Group, P.C. while treating and caring for the deceased, Jane Plaintiff.
9.
At all times mentioned herein, Bill Defendant, M.D. is a physician licensed in the
State of Connecticut.
10.
At all times mentioned herein, Bill Defendant, M.D. held himself out as a physician specializing in internal medicine.
11.
At all times mentioned herein, Bill Defendant, M.D. was a physician granted privileges, partner, agent, servant, employee, shareholder and/or owner of Medical
Group, P.C. and was acting within the scope of his privileges and/or employment and
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duties and with the knowledge, permission and consent of Medical Group, P.C. while treating and caring for the deceased, Jane Plaintiff.
12.
On or about April 2, 20xx, Jane Plaintiff was admitted to ABC Hospital under the service of Bill Defendant, M.D. for sepsis and suspected MRSA infection.
13.
On or about April 6, 20xx, Jane Plaintiff underwent surgery for a lumbar abscess and removal of hardware which had previously been placed in her lumbar spine.
14.
On that date, following surgery, all of Jane Plaintiff’s pre-operative medical orders, including an order for Heparin 5000 units SQ b.i.d., were resumed.
15.
On or about April 12, 20xx, Jane Plaintiff began to experience shortness of breath, low oxygen saturations into the low 90’s and tachycardia, which was documented in her medical record.
16.
On or about the morning of April 13, 20xx, Dr. Sue Defendant evaluated Jane
Plaintiff and documented that her condition was unchanged.
17.
On or about April 13, 20xx, while undergoing physical therapy, Jane Plaintiff’ oxygen sats dropped into the 70’s and her heart rate increased to the 120’s range and these events were documented in Jane Plaintiff’ chart by the physical therapist.
18.
On or about the morning of April 14, 20xx, Dr. Sue Defendant evaluated Jane
Plaintiff and documented that Jane Plaintiff’ vital signs were stable and she would be discharged to an ECF.
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19.
On or about April 14, 20xx, while undergoing physical therapy, Jane Plaintiff’s oxygen sats dropped to 85% and her heart rate increased to the 130’s – 140’s range.
20.
At or about that time, nursing staff was notified of these events, and they were documented in the medical record and Jane Plaintiff was placed on oxygen via nasal canula.
21.
At or about that time, Jill Nurse, RN notified Dr. Sue. Defendant, who advised that
Jane Plaintiff should stay in her chair and re-check her oxygen saturation off the oxygen, at which time the oxygen was removed and Jane Plaintiff’s oxygen saturation fell to 89%.
22.
At or about that time, Jill Nurse, RN informed Dr. Sue Defendant, who stated that
Jane Plaintiff was safe to be discharged to an Extended Care Facility, which was being planned on April 15, 20xx, and she, Dr. Defendant, would follow-up with a chest x-ray and/or Lasix.
23.
On or about April 14, 20xx, Dr. Sue Defendant ordered a chest x-ray to evaluate Jane
Plaintiff’s shortness of breath.
24.
The chest x-ray was performed and did not demonstrate the cause for Jane Plaintiff’s hypoxia.
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25.
On or about April 15, 20xx, while undergoing physical therapy, Jane Plaintiff’s oxygen saturation dropped to 80%, her heart rate increased to 141 beats per minute, and her blood pressure dropped and nursing staff was notified.
26.
At or about that time, Dr. Sue Defendant was notified of Jane Plaintiff’s dropping oxygen saturation, increased heart rate, and dropping blood pressure, and Dr. Sue
Defendant ordered an abdominal x-ray to rule out bleeding.
27.
Shortly thereafter, Jane Plaintiff became unresponsive and she was unable to be resuscitated and she died.
28.
An autopsy report revealed that the cause Jane Plaintiff’s death was bilateral pulmonary embolism with complete occlusion of both the right and left pulmonary arteries.
29.
The decedent Jane Plaintiff’s injuries and damages were caused as a direct and proximate result of the negligence and carelessness of the defendant, Sue Defendant,
M.D., her agents, servants, and employees, in that she: a.
failed to properly evaluate decedent’s shortness of breath; b.
failed to properly evaluate decedent’s tachycardia; c.
failed to properly work-up decedent’s shortness of breath; d.
failed to properly work-up decedent’s tachycardia; e.
failed to consider a possible pulmonary embolism and/or deep vein thrombosis when the chest x-ray revealed no cause for decedent’s tachycardia and hypoxia; f.
failed to order an EKG; g.
failed to order a D-Dimer test;
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h.
failed to order a CT scan of the lungs; i.
failed to order a lower extremity ultrasound; j.
failed to order a V-Q scan; k.
failed to increase the decedent’s heparin to a therapeutic dose; l.
failed to properly anticoagulate the decedent; m.
failed to consult a pulmonologist; n.
failed to recognize signs and symptoms of pulmonary embolus; o.
failed to prevent pulmonary embolus; p.
failed to properly diagnose the decedent’s medical conditions; q.
failed to properly treat decedent’s medical conditions; r.
continued to plan decedent’s discharge despite evidence of a pulmonary embolism; s.
failed to prevent the decedent’s death.
30.
As a direct and proximate result of the negligence of the defendant, Sue Defendant,
M.D., her agents, servants, and employees, the plaintiff, Jane Plaintiff, suffered the following injuries, some or all of which are permanent: a.
Deep vein thrombosis; b.
pulmonary embolism; c.
hypoxia; d.
cardiopulmonary arrest; e.
circulatory collapse; and f.
death.
31.
As a direct result of her injuries, the decedent, Jane Plaintiff, experienced pain and suffering prior to her death.
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32.
As a result of the carelessness, negligence, wrongful acts and omissions of the defendant, the decedent was caused to incur considerable expenses for medical evaluation, care and treatment, diagnostic tests, hospitalization and funeral expenses.
33.
As a further result of the defendant’s negligence and carelessness, the decedent, Jane
Plaintiff, has lost her ability to carry on her normal life’s activities.
34.
As a further result of the defendant’s negligence and carelessness, the decedent, Jane
Plaintiff, has suffered the inability to enjoy leisure time pursuits.
35.
As a further result of the defendant’s negligence and carelessness, the plaintiff lost her capacity to pursue an occupation, which has resulted in a loss of income and a permanent loss of earning capacity.
36.
A 90-day extension, pursuant to Connecticut General Statute Section 52-190a has been granted.
SECOND COUNT: NEGLIGENCE AS TO BILL DEFENDANT, M.D.
1-28. Paragraphs 1 through 28 of the First Count are herein made Paragraphs 1 through
28 of this the Second Count as fully as if herein set forth.
29. The decedent Jane Plaintiff’s injuries and damages were caused as a direct and proximate result of the negligence and carelessness of the defendant, Bill Defendant,
M.D., his agents, servants, and employees, in that he: a.
failed to properly evaluate decedent’s shortness of breath;
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b.
failed to properly evaluate decedent’s tachycardia; c.
failed to properly work-up decedent’s shortness of breath; d.
failed to properly work-up decedent’s tachycardia; e.
failed to consider a possible pulmonary embolism and/or deep vein thrombosis when the chest x-ray revealed no cause for decedent’s tachycardia and hypoxia; f.
failed to order an EKG; g.
failed to order a D-Dimer test; h.
failed to order a CT scan of the lungs; i.
failed to order a lower extremity ultrasound; j.
failed to order a V-Q scan; k.
failed to increase the decedent’s heparin to a therapeutic dose; l.
failed to properly anticoagulate the decedent; m.
failed to consult a pulmonologist; n.
failed to recognize signs and symptoms of pulmonary embolus; o.
failed to prevent pulmonary embolus; p.
failed to properly diagnose the decedent’s medical conditions; q.
failed to properly treat decedent’s medical conditions; r.
continued to plan decedent’s discharge despite evidence of a pulmonary embolism; s.
failed to prevent the decedent’s death.
30. As a direct and proximate result of the negligence of the defendant, Bill Defendant,
M.D., his agents, servants, and employees, the decedent, Jane Plaintiff, suffered the following injuries, some or all of which are permanent: a.
Deep vein thrombosis; b.
pulmonary embolism; c.
hypoxia; d.
cardiopulmonary arrest; e.
circulatory collapse; and f.
death.
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31-35. Paragraphs 31 through 35 of the First Count are herein made Paragraphs 31 through 35 of this the Second Count as fully as if herein set forth.
36. A 90-day extension, pursuant to Connecticut General Statute Section 52-190a has been granted.
THIRD COUNT: NEGLIGENCE AS TO MEDICAL GROUP, P.C.
1-28. Paragraphs 1 through 28 of the First Count are herein made Paragraphs 1 through
28 of this the Third Count as fully as if herein set forth.
29. The decedent Jane Plaintiff’s injuries and damages were caused as a direct and proximate result of the negligence and carelessness of the defendant, Medical Group,
PC., acting through Dr. Sue Defendant, Dr. Bill Defendant, and/or its physicians granted privileges, partners, agents, servants, employee, shareholders and/or owners, in that they: a.
failed to properly evaluate decedent’s shortness of breath; b.
failed to properly evaluate decedent’s tachycardia; c.
failed to properly work-up decedent’s shortness of breath; d.
failed to properly work-up decedent’s tachycardia; e.
failed to consider a possible pulmonary embolism and/or deep vein thrombosis when the chest x-ray revealed no cause for decedent’s tachycardia and hypoxia; f.
failed to order an EKG; g.
failed to order a D-Dimer test; h.
failed to order a CT scan of the lungs; i.
failed to order a lower extremity ultrasound; j.
failed to order a V-Q scan;
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k.
failed to increase the decedent’s heparin to a therapeutic dose; l.
failed to properly anticoagulate the decedent; m.
failed to consult a pulmonologist; n.
failed to recognize signs and symptoms of pulmonary embolus; o.
failed to prevent pulmonary embolus; p.
failed to properly diagnose the decedent’s medical conditions; q.
failed to properly treat decedent’s medical conditions; r.
continued to plan decedent’s discharge despite evidence of a pulmonary embolism; s.
failed to prevent the decedent’s death.
30. As a direct and proximate result of the negligence of the defendant, Medical Group,
P.C., acting through Dr. Sue Defendant, Dr. Bill Defendant, and/or its physicians granted privileges, partners, agents, servants, employees, shareholders and/or owners, the decedent, Jane Plaintiff, suffered the following injuries, some or all of which are permanent: a.
Deep vein thrombosis; b.
pulmonary embolism; c.
hypoxia; d.
cardiopulmonary arrest; e.
circulatory collapse; and f.
death.
31-35. Paragraphs 31 through 35 of the First Count are herein made Paragraphs 31 through 35 of this the Second Count as fully as if herein set forth.
36. A 90-day extension, pursuant to Connecticut General Statute Section 52-190a has been granted.
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WHEREFORE, the plaintiff claims:
AS TO THE FIRST COUNT:
AS TO THE SECOND COUNT:
Monetary Damages
Monetary Damages
AS TO THE THIRD COUNT: Monetary Damages
THE PLAINTIFFS,
ESTATE OF JANE PLAINTIFF, JOHN
PLAINTIFF, ADMINISTRATOR
BY_______________________________
GAYLE SULLIVAN
Carter Mario Injury Lawyers
12 Montowese Avenue
North Haven, Connecticut 06473
203-281-0202
Juris No: 106160
11

DOCKET NO.: ABC-CV-12-345678S
ESTATE OF JANE PLAINTIFF, JOHN
J. PLAINTIFF, ADMINISTRATOR,
:
:
VS.
SUE DEFENDANT, M.D., BILL
DEFENDANT, M.D., MEDICAL GROUP,
P.C. :
AD DAMNUM
:
SUPERIOR COURT
J.D. OF ANYWHERE
AT ANY TOWN
NOVEMBER 18, 20xx
The Plaintiffs, Estate of Jane Plaintiff, John Plaintiff Administrator claims monetary damages in excess of FIFTEEN THOUSAND ($15,000.00) DOLLARS, exclusive of interest costs.
THE PLAINTIFFS,
ESTATE OF JANE PLAINTIFF, JOHN
PLAINTIFF, ADMINISTRATOR
BY_______________________________
GAYLE SULLIVAN
Carter Mario Injury Lawyers
12 Montowese Avenue
North Haven, Connecticut 06473
203-281-0202
Juris No: 106160
12

CERTIFICATE OF REASONABLE INQUIRY
Date: November 17, 20xx
I hereby certify that I have made a reasonable inquiry, as permitted by the circumstances, to determine whether there are grounds for a good faith belief that there has been negligence in the care and/or treatment of the plaintiff. This inquiry has given rise to a good faith belief on my part that grounds exist for an action against the defendants.
____________________________
GAYLE H. SULLIVAN
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