Charles Cole, former Director of the IADC Trial Academy and a partner at Lewis Brisbois, obtained a defense jury verdict in Chicago on January 17, 2019 in a complex medical malpractice action involving the wrongful death of a mother of three adult children.
Mr. Cole represented an emergency room physician who was alleged to have been professionally negligent in failing to admit a 62 year old morbidly obese woman to the hospital who presented with complaints of shortness of breath. Cole demonstrated to the jury that the evaluation and assessment of the physician was thorough and complete in ruling out a current life-threatening condition and that the standard of care supported the discharge of the patient to go home. After the patient went home, 90 minutes later she suffered a complete cardiopulmonary arrest which resulted in her death 2 days later. None of the experts could explain why the patient suffered this unexpected and unanticipated arrest. The plaintiff attempted to argue unsuccessfully that the outcome would have been different had the patient been admitted to the hospital by the defendant physician.