Posted August 31, 2021
Can a doctor be sued for not taking what a patient believes is proper care? That’s the case in Tennessee where a woman is suing her family physician and a physician’s assistant following her husband’s death. The lawsuit claims that the healthcare professionals failed to properly test the man for COVID-19 which led to improper care and ultimately, his death.
The deceased is 66-year-old Peter Dimoh.
According to his wife, Shirley Dimoh of Memphis, Peter received inadequate care when he presented his COVID-19 symptoms to May Medical Group on November 19, 2020. The physician’s assistant Robert Moody ordered a COVID-19 blood test for Peter, rather than a nasal swab test. This led to a delay in learning the positive result.
By the time the diagnosis was given on November 23, Peter was already seriously ill and showed signs of severe infection. The doctor prescribed a muscle relaxant which the lawsuit claims exacerbated the infection, caused adverse complications, and led to Peter’s death on December 16.
Now, Shirely’s attorney is claiming that had Peter received the right diagnosis earlier, his death could have been prevented.
The suit further alleges that on November 28, Peter collapsed and was taken by ambulance to Methodist Hospital in Memphis. He was treated for COVID-19 as well as bacterial pneumonia, severe sepsis, and systemic inflammatory response syndrome. His cause of death was from respiratory and heart failure.
While many have tried and failed to sue medical providers for medical malpractice during the COVID-19 pandemic, the uncertainty surrounding treatment options and infection rates have made it difficult to prove fault. And now, as vaccines roll out and more information about the coronavirus is readily available, it seems unlikely that new cases will prove successful.
However, it doesn’t mean families should give up hope. If you have lost a loved one due to failure of a doctor to provide adequate medical treatment, you should seek legal guidance. There may be information in your case which will proper litigation forward.
If you need a COVID-19 personal injury, medical malpractice or wrongful death attorney, contact us.