Marrero v. Hosp. Hermanos Melendez,

Marrero v. Hosp. Hermanos Melendez,
No. 01-2717 (DRD) (D.P.R. Mar. 20, 2003)

The estate of a deceased patient brought suit against a hospital and the attending
physicians, alleging wrongful death and EMTALA violations stemming from the
patient’s emergency room visit on Christmas day.

The patient initially waited about 30 minutes before vital signs were taken,
another 35 to 45 minutes before being taken into the emergency room to be evaluated
by a triage nurse, and another hour and a half before the patient was evaluated
by a physician. After complaining of headaches and chest pains, the attending
physician eventually ordered an EKG and CBC laboratory tests to be performed
on the patient that afternoon. The estate alleged that the EKG was never performed.
Another CBC laboratory test was later performed early that evening. Once the
second CBC results came back, an emergency room physician ordered the patient
to be discharged stating the tests came back "fine." The patient was
then discharged though still having a strong headache and elevated blood pressure.
The patient died several days later from a cerebral edema associated with his
diabetic condition. The Federal District Court in Puerto Rico denied the hospital’s
motion for summary judgment, holding that whether the appropriate screening
was given and the patient stabilized prior to discharge was ultimately a question
of fact which must be left to the jury to decide.