Florida Jury Finds General Practitioner Not Liable For Cardiac Death After Failing To Follow-Up On X-Ray Required By Kidney Transplant Evaluation Team
Phillip Grenchik, who had numerous health problems including renal disease, was being considered for a kidney transplant through Lifelink. Mr. Grenchik asked his family physician, Dr. Stephen Parks, to write a prescription for the necessary tests, including EKG, chest X-rays, colonoscopy, etc., so that they would be covered by insurance. On Oct. 19, 2007, an x-ray report indicated a prominence of the descending aorta. On April 27, 2009, Mr. Grenchik died from cardiac tamponade, due to intrapericardial hemorrhage secondary to a dissecting aortic arch and descending aorta with extension into the pericardium, left carotid artery, left pulmonary artery, and mediastinal soft tissues. Plaintiff Marie Grenchik, personal representative of her husband’s estate, claimed that his death was a direct result of Dr. Parks' negligence in failing to properly follow-up on the X-ray finding. Plaintiff argued that although the tests were ordered for review by Lifelink physicians, Dr. Parks still had a responsibility to follow-up on all of those tests since he was Mr. Grenchik's primary care physician and had written the prescriptions for those tests.
Plaintiff filed a medical malpractice wrongful death action on Sept. 21, 2011, in the Circuit Court of Hillsborough County, FL. The action proceeded to a seven-day jury trial. Plaintiff Marie Grenchik sought over $600,000 in damages, costs and other such relief. Plaintiff’s medical experts opined that Dr. Parks was the "hub of the wheel" in charge of Mr. Grenchik's care and treatment, and that the nephrologist and members of the Lifelink Transplant Evaluation Committee were just the "spokes of that wheel." Defendants argued that it was beyond common sense that the physicians at Lifelink (a world-class transplant team), would be relying on Dr. Parks to do follow-ups on the tests they ordered, when they themselves didn't order any further testing on the basis of that X-ray report. On Oct. 19, 2016, the jury returned a verdict for defendants.
Plaintiff was represented by Joseph D. Magri and Ward A. Meythaler of Merkle & Magri, Tampa, FL; and Peter A. Sartes of Law Offices of Tragos & Sartes, Clearwater, FL. Defendants were represented by Gordon Lea, Kathryn L. Shanley, and Marcel M. Flemming of Lubell & Rosen, LLC, Fort Lauderdale, FL.
Lexis Advance subscribers may view the complete summary, including expert information, here: Marie M. Grenchik, as Personal Representative of the Estate of Phillip J. Grenchik, v. Stephen D. Parks, M.D.; Apollo Beach Family Practice, Inc., n/k/a Brandon Area Primary Care, P.A.; and Brandon Primary Care; 2016 Jury Verdicts LEXIS 8580.
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