Bill Chamblee and Kimberly Bocell successfully defended a Plano pediatrician, pediatric clinic, and its nurses in a wrongful death case involving a 2-and-a-half year old boy who went into respiratory arrest while seeking treatment at the clinic for an asthma attack. Plaintiffs contended that the pediatric clinic’s phone triage nurse should have referred the family to the Emergency Department instead of recommending that they come to the clinic right away for evaluation. They further argued that upon arrival to the clinic, the pediatrician should have started the child on oxygen and called 911 immediately because of the child’s status. The family delayed an hour-and-a-half in getting the child to the clinic, but once they arrived, the clinic staff immediately evaluated the child and started him on a nebulizer treatment. When the child stopped breathing during the treatment, the pediatrician immediately began resuscitative efforts and instructed the staff to call 911. Plaintiffs claimed there was a delay in the resuscitative efforts, but the evidence showed that paramedics were at the child’s side within four minutes of the call and within five minutes of the start of the code. The child was transferred to the hospital, where he later passed away from complications of his asthma. Trial lasted seven days and included allegations of negligence and gross negligence. The jury deliberated for an hour before returning a 5 to 1 verdict on behalf of the Defendant-Providers, finding no negligence or gross negligence.
Attorneys: William H. Chamblee; Kimberly K. Bocell