The plaintiff began to suffer flu-like symptoms in August 2002. When they
persisted, he became concerned that he might be suffering from Lyme disease. Two
weeks earlier he was bitten by an insect at a golf outing. When he reported this
history to the defendant, his primary care physician, he was placed on
prophylactic antibiotics and blood tests were ordered to rule-out the
possibility of Lyme disease.
Three years before he began to suffer from flu-like symptoms, the plaintiff
was found to have a heart murmur during an Executive Physical performed by
another physician. The plaintiff advised the defendant of this diagnosis, and
the defendant primary care doctor referred the plaintiff to a cardiologist for
an echocardiogram. Investigation revealed that the defendant failed to follow-up
on the echocardiogram he ordered, and never ascertained the results of that test
and did not know that the plaintiff was suffering from a grade III/IV diastolic
murmur and aortic regurgitation, a condition which made the plaintiff
susceptible to bacterial endocarditis.
Although the plaintiff's lab studies were available on September 5, 2002, the
defendant did not review them until September 16, 2002. Despite the fact that
the test results came back negative for Lyme disease, the defendant continued to
treat the plaintiff for that condition throughout the remainder of September and
into October 2002. Ultimately, the plaintiff suffered a stroke on October 21,
2002. He was admitted to the hospital and found to have vegetations on his heart
caused by bacterial endocarditis. The plaintiff underwent intravenous
antibiotics to combat the infection. In early 2003 he was admitted to the
hospital for aortic valve replacement surgery and repair of the mitral
valve.
It was the plaintiffs' contention that accepted standards of medical care
required the defendant physician to entertain Bacterial Endocarditis in his
differential diagnosis, and that he failed to do so because he did not obtain
the results of the echocardiogram he ordered and did not know that the plaintiff
was susceptible to this disease. The defendant maintained that accepted
standards of medical care did not require him to diagnose the plaintiff with
Endocarditis because it is a rare disease.
Attorney John Ratkowitz represented the plaintiffs. The case was assigned to
trial. Jury selection and opening statements took place. The plaintiffs called
the defendant doctor as their first witness. The case settled prior to the
conclusion of his testimony.
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