$950,000 Settlement for Medical Malpractice / Pneumonia

The firm obtained a $950,000 settlement in a case of medical malpractice in which an emergency room patient with clear signs of pneumonia was given oral antibiotics and sent home — and died the next day.

The firm represented the family and estate of Steven Baxter, who had checked himself into the emergency room of a community hospital, complaining of breathing difficulty and chest pain. An X-ray showed a clouded area of the lungs, indicating that the condition was serious.

The hospital treated Baxter for pneumonia by giving him oral antibiotics and sending him home. But the symptoms continued at home and the next day Baxter was taken by ambulance to the hospital, where he died of pneumonia.

The firm argued that instead of being discharged from the hospital, Baxter should have been admitted and given intravenous antibiotics. The case was settled for $950,000.