Medical Malpractice Suit Questions If Tests Were Enough
Waxahachie, TX (Law Firm Newswire) November 29, 2012 - In Des Moines County, a jury has been unable to reach a verdict in a medical malpractice trial.
The lawsuit was brought against a medical center and an emergency room doctor after the death of William Thye.
The judge released the jury with instructions to return the next day to continue deliberations in the case against the emergency room staff at Great River Medical Center and Dr. Vandenberg, who treated William Thye. Thye's wife and family filed a lawsuit claiming negligence in his treatment. Thye died from respiratory failure.
If the jury agrees that the treatment of William Thye was below the professional standard of care, both the medical center and Dr. Vandenberg will be held responsible.
"There are times when medical care is not negligent due to gross incompetence," stated John Hale, Waxahachie personal injury attorney, "but because not enough was done by staff to ensure that all medical issues were ruled out."
The lawsuit currently hinges on the 2009 decision by Dr. Vandenberg to not admit Thye after he showed up at the emergency room complaining of shortness of breath. The doctor suggested he see a pulmonary specialist. The 68-year-old later died in an ambulance, while being transported to the Great River Medical Center, 48-hours after he had first gone to the emergency room.
The attorney for Thye's family stated that they were not implying Dr. Vandenberg was a bad doctor, or that the staff at the medical center was incompetent, but that medical mistakes were made and they want the doctor and staff to take responsibility for Thye's death.
Representatives for Dr. Vandenberg and Great River Medical Center have countered that the care for William Thye was appropriate, and that all standard tests were administered, including an EKG, laboratory tests, chest X-rays, and a stress-echo test. Thye's lawyer argued that while tests were done, the tests that were done were not extensive enough. William Thye died as a result of blood clots in his lungs which were allegedly missed by the tests performed by Dr. Vandenberg.
Representatives for Dr. Vandenberg and Great River Medical Center have stated that William Thye did not appear to be gravely ill when he was released from care.
The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
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