Jury Finds that ER Doctor Failed to Treat Kidney Stones Timely

On a Saturday morning in January of 2002, the plaintiff, Sean Fay took his wife, the decedent Kelly Fay, to the emergency room at the defendent Grand Strad Regional Medical Center. She had complaints of sever stomach and back pain. After approximately four hours in the emergency room, Mrs. Fay was seen by the defendant Stephen Law, M.D. Mr. Law diagnosed Mrs. Fay with kidney stones and sent her home with a prescription for pain medication and an appointment the following Monday. In the interim, Mrs. Fay suffered a seziure, went into septic shock and died.

Mr. Fay alleged the defendants were negligent in their treatment of the decedant and claimed they failed to adhere to nationally recognized standards of care or even to the hospitals own guidelines. The plaintiff's husband maintained that he found his wife in critical distress when he came home to take her to her appointment on Monday, and despite the efforts of emergency responders and subsequent treating physicians, the delay in treatment of the kidney stones resulted in his wife's death.

The defendants disputed liability and maintained that the care provided was reasonable and appropriate given the patient's condition at the time of her presentation. The defendants also argued that the decedant was advised to return to the emergency room if her condition deterirated and her failure to do so contributed to her death.

The verdict in amount of $3,000,000 was given to Mr. Fay on May 28th, 2010.