David Robinson was just 35-years-old when he found blood in his stool. He decided to visit a clinic, staffed by the American Health Network, a private physician group practice that operates in more than 70 offices in Indiana and Ohio. According to a medical malpractice lawsuit, filed on behalf of Robinson, because of the physician assistant’s alleged negligence there was an eight-month delay in diagnosing his rectal cancer. By the time the cancer had been identified it had metastasized and spread throughout his body. Robinson’s family contended that the delay may have cost David his life.
The defendant and plaintiff could not come to a settlement and the lawsuit went to trial earlier this year. After hearing testimony from both sides, a Franklin County jury ruled in favor of the plaintiff. At the conclusion of the eight-day trial, the jury found both the physician assistant and the American Health Network culpable for the wrongful death of David Robinson, who was a husband and the father of three children. He died less than a year after being diagnosed with cancer and experts testified that he could have been successfully treated if the cancer was found at the initial visit.
“A jury verdict can speak volumes about what standards we expect as a community,” said one of the attorneys representing Robinson’s estate. “Medical care exists so that diseases are not allowed to freely run their course. Here, the jury’s verdict says it is the provider’s duty to intervene, to do everything possible to stop the patient’s disease.”
The jury awarded a $5.2 million verdict to David Robinson’s estate for his pain, suffering, medical expenses, and loss of wages. The money will go to his wife and children who are still trying to come to terms with the loss of their father. It is not yet clear whether the American Health Network will appeal the ruling.
Frequently Asked Questions
A cancer diagnosis ranks among the most feared pieces of news a person can receive. Unfortunately, more than a million Americans receive such news every year. In 2016 alone, more than 1.6 million Americans were diagnosed with cancer, and an estimated 600,000 died from the disease. In a twist of irony, given how a cancer
Read More
A medical error during surgery can lead to brain stem damage. When that happens, the patient may develop a host of complications. Perhaps the most severe is locked-in syndrome, an extreme form of paralysis in which a person loses the ability to move every voluntary muscle in the body except the ones controlling eye movement.
Read More