Emergency Room Errors– Family Dies of Carbon Monoxide Poisoning
A Seven-Figure Confidential Settlement was Reached
In the middle of winter, Jason Jones took his three children to the emergency department of his local hospital. The children were complaining of headaches, fever, nausea, and vomiting. The ER doctor examined the children. He asked Jason whether anyone else at home was ill. Jason advised the doctor that both he and his girlfriend had headaches. The doctor then examined Jason, too, before declaring that everyone must have a cold or the flu and sending them home.
The emergency doctor failed to consider the possibility of an environmental exposure. It turned out that they were all sick from carbon monoxide poisoning caused by a blocked furnace flue. The kids and their father went home, fell asleep, and never woke up.
The Eisen Law Firm filed suit on behalf of the remaining family members. The defense blamed the family for not having a working carbon monoxide detector. They also argued that Jason was never even a patient and therefore that the doctor did not owe a duty of reasonable care to him, as he had not registered at the ER, and no medical chart had been created for him. The Eisen Law Firm argued that everyone spoke to the ER doctor and related their symptoms. The fact that the doctor chose only to create a medical record of his interaction with the children was not their fault. Ultimately, The Eisen Law Firm prevailed, and a confidential, seven-figure settlement was reached.