A Pennsylvania jury recently awarded $4.7 million in a medical malpractice personal injury lawsuit to a woman whose late husband was not properly diagnosed with a spine infection and died two weeks later.

The plaintiff, Rebecca W., filed the medical malpractice personal injury lawsuit over her late husband’s missed diagnosis.

According to the lawsuit, a primary care doctor was negligent in her failure to diagnose the bacterial infection in John W.’s spine back in 2009. Rebecca alleges that when her husband sought medical attention for severe symptoms caused by the spinal infection, the doctor, Abington Memorial Hospital internist Dr. Mary Tobkin, sent him home with a painkiller prescription.

On Nov. 21, 2009, John called Tobkin due to back pain flaring up the day after doing yard work, court documents show. Two days later, when John went to the doctor’s office, he described his back pain as a “ten out of ten.” He also cited other symptoms, including sweats and shaking chills. At the time, Tobkin simply prescribed a painkiller, ordered an x-ray, and sent him home, according to Rebecca.

Over the next two days, these symptoms continued, and John also began to experience headaches and memory loss, leading Rebecca to go in and talk to Dr. Tobkin herself about her husband’s symptoms. However, the doctor did not ask that John come back to the office for further examination at that time.

The spinal infection, it turned out, was life-threatening, landing him in the emergency room a week after his initial doctor’s visit and ultimately claiming his life another week later.

Initially, Rebecca had included the hospital itself, as well as two other doctors, in her personal injury lawsuit. The jury, however, found that these three parties had all met the standard of care.

Ultimately, the Pennsylvania jury found that Dr. Tobkin had failed to meet the standard of care with regards to Rebecca’s late husband, and awarded the widow and her late husband’s estate $4.7 million compensation.

“This unanimous verdict sent a clear message, that the defendant primary care physician should have paid attention to her patient’s symptoms, instead of just simply assuming,” said an attorney for the plaintiff.

Filing a Personal Injury Lawsuit

Major personal injury litigation includes automobile accidents, medical malpractice, workplace injuries, slip and falls, and much more. A significant component of personal injury litigation is that another party’s (or parties’) negligence led to the incident and resulting injuries.

If you or someone you love has suffered from a personal injury, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by such an injury, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Pursuing a lawsuit can be a daunting prospect, especially after a personal injury, so Top Class Actions has laid the groundwork for you by connecting you with an experienced personal injury attorney. Consulting a lawyer can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Medical Malpractice Personal Injury Lawsuit is Case No. 2011-33055, in the Court of Common Pleas of Montgomery County, Penn.